Huddersfield Improvement Act of 1871

The Huddersfield Improvement Act of 1871 was summarised as:

An Act for defining and extending the Powers of the Corporation of Huddersfield in relation to the Management of Streets in the Borough, and to Sewerage, and to Police, and other matters of Local Government; and for other purposes.

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Reproduced from Borough of Huddersfield: Local Acts 1852-1894.

Transcription

The following is an uncorrected automated OCR transcription of the document and will contain errors (expand):

34 & 35 Viet. Session 1871. Ch. cli. 85
THE HUDDERSFIELD
IMPROVEMENT ACT 1871.
INDEX.
Preamble.
1.-PRELIMIN.A.RY.
SECTION.
Short title . . . 1
Commencement of .Act 2
Interpretation of terms 8
Effect of .Act as to Sir John Ramsden 4
Repeal and discontinuance of enactments &c. as in Schedule 5
II.-TIIE BOROUGH.
Confirmation 0£ Charter and of transfer of powers 0£ Improvement
Commissioners 6
Saving of rights of lord or lords of the manors of Huddersfield
and Almondbury 7
.Act to extend to Borough 8
Names of districts in Borough 9
Vesting of property of Improvement Commissioners Local
Boards &c. in Corporation . . . 10
Act to be executed by Council 11
Regulations as to committees of Council 12
III.-STREETs.-Hronw .. us.-RoaDs.-P .A.THs.
Management of streets vested in Corporation . . . 13
Corporation to be surveyors of highways 14
Corporation liable to indictment for want of repairs 15
Power to pave streets &c. 16
Alteration of level of pavements &c. 17
Streets may be stopped for temporary purposes 18
Power to set up posts for guarding footways 19
Penalty for altering posts pavement &c. without consent of
Corporation 20
Definition of buildings in street &c. 21
.Approval of new streets .. . 22
86 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Git. cli.
Notices &c. of new streets
Time for approval ...
Effects of approval. ..
Duration of approval as to public streets
Duration of approval as to private streets
Measurement of width of new streets
Width of carriage roads ...
Barriers in new streets of insufficient width
Width of new streets not carriage roads
Power for reduction of width in certain cases
Baek streets to be laid out
Carriage and :Footway
Intersecting streets
EntranceR to streets
Power to vary direction of streets &c.
Works for drainage of new streets
Notice of irregularity
SECTIOX.
23
24
25
26
27
28
29
30
31
82
33
34
35
36
37
38
39
Penalties for breach of rules as to notices plans &c. of new
streets ... 40
Power to cause certain streets and courts to be sewered and
paved &c. by owners 41
Publication of orders for sewering and paving &c. streets 42
On owner's neglect to sewer and pave &c. power to do the
work at his expense . .. 43
Materials in streets sewered and paved . . . 44
Streets sewered paved &c. to be public highways 45
Successive exercise of foregoing powers &c. 46
Provisional acceptanee of street by Corporation 47
Expense\! to be new street expenses 48
Restriction 011 acceptance by Corporation 49
Corporation may agree for making of roads 50
Corporation may agree as to building of bridges over canals, &c. 51
Power to require alteration of levels of streets 52
Power to repair footways . .. 53
Power to define streets 54
Exemption of incumbent or minister of church chapel &c.
from new street expenses 55
Power to stop up highways where unnecessary... 56
Power to purchase buildings or lands for effecting street
improvements . . . 57
Houses and buildings in streets being carriage-ways 58
Where buildings taken down power to take land to improve
street ... 59
34 & 35 Viet. Huddersfield lmpro'f)ement
Act 1871.
Clz. cli.
SECTION.
Elevations of buildings erected on front land to be subject to
approval of Corporation 60
Land thrown into streets to be public highway .. . 61
Buildings may be set forward for improving line of streets 62
Projecting houses when taken down to be set back 68
Projections over highways 64
Future projections of houses &c. to be removed on notice 65
Corporation may cause existing projections to be removed and
compensation to be made 66
Doors and gates not to open outwards 67
Cellars not to be made under or steps project into streets 68
Cellar openings to be covered or secared 69
Regulations as to sockets . .. 70
Hoards to be set up during progress of buildings 71
No hoard to be put up without consent ... 72
Penalty for not lighting deposits of building materials or
excavations 78
J:!'encing of land unbuilt on 7 4
Lines of hoards 75
Names of streets on Ramsden property ... 76
Power to name streets and mtmes to be put up and houses to
be numbered .. . 77
Register of alteration in names of streets 78
IV.-NEw STnEETs.-b1:enovE1>IENTs OF STREETs.-REn\:ILDiso
OF LONG BRIDGE.
Power to make new streets described 79
Power to stop up part of Rashcli:ff Road 80
Power to widen streets described... 81
As to approach road to camtl warehouse of London an(l N ort:h
Western Railway Company ... 82
For protection of Huddersfield Canal at Engine Bridge 83
As to compensation to London and North Western Railway
Company 84
Power to make minor works connectotl with new streets 85
Alterations of sewers gas and water pipes 86
Removal of graves at St. Peter's Church 87
Agreements with Sir John Ramsden for streets 88
Removal of Long Bridge and construction of a new bridge 89
Contribution by the wapentake of Agbrigg and Morley towards
new bridge 90
Approval by West Riding Surveyor of works at Long Bridge
and Engine Bridge 91
87
88 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
SlWTION.
Cesser of liability by wapentake as to Long Bridge 92
Liability £or repair and maintenance of new bridge and
approaches 93
Contribution by Sir John Ramsden 94
Crossing of Colne during construction 05
Power to deviate from levels &c. 96
Time £or completion of works 97
Corporation to reinstate pipes of the Huddersfield Gas Company 98
Corporation to make good damage to Gas Company, and to
compensate all varties for loss by interference with mains 99
V .-BUILDINGS.
New buildings
Measurement of front elevation ...
Height of buildings in street
Notices plans &c. of new building
Approval or disapproval by Corporation ...
Effect of approval ...
Duration of approval
Thickness of walls ...
Materials of external walls
Woodwork in external or party walls
Roofs
Construction of chimneys ...
Comtruction of fit•eplaces ...
Construction of buildings over roads
Construction of chimney shafts
Construction of chimneys for trade
Raising of chimneys
Construction of ovens
Space in front of dwelling houses
Passage between yards of back-to-back houses
Houses in pairs
O1)en !:!pace about dwellings
Certain dwelling-houses excepted ...
Continuance of open space
Continuance of space for old dwelling-houses
Buildings in new streets
Height of rooms
·windows in rooms ..•
Ventilation of public buildings
Construction of buildings for public amusement &c.
Ventilation of habitable rooms
100
101
102
103
104
105
106
107
i08
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
34 & 36 Viet. Huddersfield Improvement
Act 187 L
Prevention of damp from foundations
Area8 to be open ...
Level of ground floors
Drainage of buildings
Occupation of new houses ...
Construction of house drainage
Y entilation of house drainage
Drainage of subsoil
Construction of waterclosets
Ch. cli.
SECTION.
131
132
Ia3
134
135
136
137
138
139
Earth-closets may in certain cases be constructed instead of
waterclosets
Construction of cesspools ...
Certain waterclosets to be constructed in factories
Construction of ashpits
Prohibition of thatch
Restrictions as to pipes and funnels for conveying smoke
Power to vary details of buildings &c.
Power of inspection
Survey on completion of work!!
Notice in case of irregularity
Penalties relative to new buildings
Respecting existing contracts £or building
Alteration of contracts for buildings
VI.-BYE-L.~ws AS TO STREETS AXD Bu1Lnrxos.
Power to make bye-laws with respect to streets, new buildings,
140
141
142
143
U4
145
146
147
148
149
liiO
151
152
&c. 153
Power to make bye-laws with respect to new and old buildings 154
Provisions in bye-laws for notices &c. 155
VII.-SEWERS.-SA.NITARY ARRANGEl!ENTS.
Sewers and works vested in Corporation... 156
Power·to construct sewers within or beyond Borough .. . 157
Disposition of sewage 158
Contract for supply of 11ewage 159
Powel' to d.eal with land appropriated to sewage purposes 160
Nothing in Act to authorise a nuisance ... 161
Prohibition of throwing injurious matter into sewers &c. 162
Power to enlarge or demolish sewers 163
Compensation for works connected with sewers... 164
Penalty for making unauthorised drains .. 165
BuildingR over RewPrR not to be marle without consent of
Corporation 166
89
90 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
SECTIOS.
Sewers may be made by owners and occupiers of land beyond
Borough 167
Deduction from rate for building sufficiently drained 168
Penalty on throwing rubbish into sewers... 169
All sewers to be covered with traps 170
Corporation may require owners of houses to provide privies
and ashpits for the same 171
Drains privies &c. to be under control of Corporation . . . 172
Connection of drains with sewers... 173
Provisions respecting construction of drains 174
Power to enter and inspect premises to ascertain state of drainage
&c. 175
Power to sewer authorities to combine · .. . 176
Power for Corporation to execute works in adjoining places 177
Powers of Act cumulative... 178
Power to provide for collection of nightsoil 179
Occupiers to cause footways to be swept... 180
Power to appoint or contract with scavengers 181
Dirt collected by scavengers vested in Corporation 182
Penalties on otherpersons than scavengers emptying privies 183
Penalty on Corporation for not causing privies to be emptied... 184,
Charge for emptying ashpits 185
Power to make bye-laws for regulations of scavengers .. . 186
Public privies and urinals... 187
Urinals attached to public houses... 188
Power to deal with nuisance on premises partly within and
partly without Borough 189
Cleansing watercourses forming boundaries of Borough 190
Buildings unfit £or habitation 191
Restrictions in use for dwellings of underground rooms 192
Exemption of certain Railway buildings from operation of Act 193
Quantity of air for lodgers 194
Regulations as to lodging houses .. . 195
VIIL-PROTECTION oF \VoRKs.
Saving for sluice canals &c. 196
Sewage works affecting Railways &c. to be executed to satisfaction
of engineer of Company affected 197
Works interfering with improvement of rivers &c. referred to
arbitration 198
Effect of arbitration 199
Power for Company to alter sewers 200
Preserving water rights of Companies or individuals 201
Arbitration questions under preceding sections ... 202
34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
SECTION.
IX.-LIGHTING.
Power to contract for supply of gas
Power to agree for purchase of gas undertakings
203
204
X.-PAnKs.-TowN H.nL A:!,D Pc-BLIC Buunr~Gs.-TELEGRAPHS.-
PunLic CLOCKS.
Power to purchase lands for formation of parks and to form
parks ... 205
Power to make bye-laws for regulation of parks... 206
Power to provide town hall courts gaols &c. 207
Power to establish telegr:tphs 208
Power to provide public clocks 209
XI.-LIBRA.RIEa.-.1\'IusEUMs.-ScHOOLs oF SctENCE AND A1n.
Power to establish public libraries
Management of libraries &c.
Libraries &c. to vest in Corporation
XII.-PunLrc BATHS AND W A.SH-HorsEs &c.
Power to provide baths &c.
Power to make bye-laws for regulation of baths &c.
Recovery of charges at wash-houses
Power to discontinue baths and sell buildings
XIII. - POLICE.
210
211
212
213
214
215
216
Power to continue police court 217
Constables not to resign without leave or notice 218
Penalty on constable for neglect of duty... 219
Power to chief constable to suspend constables .. . 220
Constables suspended or dismissed to deliver up accoutrements 221
Power to deduct penalties on constables from salaries ... 222
Penalty for unlawful possession of accoutrements, assumption
of character of constable &c. 223
Employment of police as market officers &c. 224
Power to police constables and persons aggrieved to apprehend
certain offenders 225
Limitation of detention 226
Power for chief constable to take recognisances 227
Form of recognisances 228
Recognisances to be registered and returned to the justice 229
Penalties on persons assaulting constables 230
Penalty for riotous or indecent behaYiour in police office 281
91
92 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
SECTION.
XIV.-PoLICE REGULATIONS.
Penalty on persons committing any of the offences enumerated 232
Offensive trades newly established 233
Penal.ty for burning bricks rags bones &c. 234
Mad dogs 235
Power to seize and destroy diseased cattle 236
Prohibition as to diseased cattle .. . 237
Power to medical officQ\r of health or inspector of nuisances to
inspect any animal 238
Power to impound cattle suffered to stray 239
Penalty for pound breach 240
Persons having goods suspected to be stolen in possession to
be guilty of a misdemeanor .. . 241
Delivery of goods unlawfully pawned and in possession of
brokers... 242
Restoration of property unlawfully pawned 243
Delivery of goods charged to have been stolen or fraudulently
obtained and in custody of constable 244
Application of 23 and 24 Viet. cap. 84 (against adulteration of
food &e.) 245
Penalty for injury to churches 246
Street musicians to depart when desired to do so 247
Regulation for preventing obstruction in streets during public
processions &c. 248
Power to regulate route of carriages during dirine service 249
"\V aste land to be fenced . . . 250
Dangerous places to be repait·ed or enclosed 251
XV.-SVOKE.
Penalties £or non-consumption 0£ smoke 252
XYI.-FrRE.
Power to provide for police stations 253
Power to provide fire-engines firemen &c. 254
Discharged firemen or servants may be turned out of possession
of houses 255
Power to enter and break open premises in case of fire 256
Power to send fire-engines out of Borough 257
Captain of fire brigade to have control of operations 258
Penalties as to chimneys on fire . . . 259
Restriction on making of fireworks 260
Execution of licensing powers as to gunpowder, petroleum &c. 261
34 & 35 Viet. H uddersfi,eld Improvement
Act 1871.
Ch. cli.
SECTION.
XVII.-BURIAL GROUND AND MORTUARIE~.
Transfer of burial ground to Corporation
Power to provide places for reception of corpses
Power to remove corpses to places provided
XVIII.-PuBLIC HousEs &c.
262
263
264
Regulations respecting coffee shops &c. ... 26;3
Keepers of cookshops &c. making internal communications
with public house 266
Places for dancing music and other public entertainments 267
Penalties on brothel keepers &c. . . . 268
Power to enter upon unlicensed theatres &c. 269
Regulation of shows caravans &c. 270
XIX.-DEA[,ERS IX MARINE STORES.
Power to license dealers in marine stores
Power to make bye-laws as to dealers in marine Rtores ...
Licenses may be suspended or revoked ...
Penalty on persons carrying on business without license
271
272
2713
274
XX.-Ha.cKNEY AND STAGE CARRIAGEs.-PoRTERs' Ca.RTS. -
PORTERS A.ND DRIVERS.
Power to license hackney carriages and porters' carts and
drivers 275
Prohibition of use of carriages without license ... 27G
Prohibition of unlicenseJ persons acting as dri\·ers 277
Power to make bye-laws as to hackney carriages and porters'
carts and drivers 278
Penalty for fraudulent use of numbers .. . 279
Agreement for less than fare binding on driver 280
Agreement for more than fare not binding on hirer 281
Agreement for discretionary distance 282
Penalty for demand of exeessive fares 283
Drivers not to act without consent of proprietors 284
Penalty on driver for misconduct 285
Penalty on driver for obstructing streets 286
Proceedings where carriage left in street 287
Liability of proprietor to compensation for damage done by
driver ... 288
Endorsement of conviction of driver on license ... 289
Compensation to driver acquitted 290
Recovery of Faro . . . 291
98
94 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Penalty for injury to carriage or cart
Power to make bye-laws as to omnibuses carts &c.
Power to make bye-laws as to porters and drovers
XX.I.-M1scELLA.NE0Us.
Ch. cli.
SECTION.
292
293
294
Provisions respecting South Crosland 295
Distinct accounts to be kept 206
Apportionment of expense between districts 297
Power to take land and money for charitable and public purpo;ies 298
Proceedings to prevent injury to streams 299
Power to establish temporary hospitals 300
Section 142 of "The Towns Improvement Clauses Act 1847"
to extend to this Act .. . 301
Power to regulate scales beams &c. 302
XXII.-EXECUTION OF ,v ORKS GENERALLY.
Power to execute works in default of person liable 303
Power to enter and inspect 304
Penalty on occupiers opposing execution of Act 305
Occupier in default of owner may execute works and deduct
expenses from his rent 806
Power to keep materials 807
XXIII.-RECOVERY OF NEW STREET AND OTHER EXPENSES.
Recovery of new street and other expenses from owners and
others ... 808
Expenses to be a charge on lands as if mortgaged 309
Extent to which occupier liable in default of owner 310
Power to enter into possession where owner fails to pay his
proportion of new street or other expenses 811
Application of rents and profits received 812
Right of Corporation to rents to exclude that of owner 813
Saving for special contracts as to expeniles of works 814
Power to allow time for repayment of new 11treet expenses &c. 315
Persons having partial interests may raise expenses by mortgage 316
Same rules to apply as to works previous to Act 817
XXIV.-L.ANDS.
Inco:.-poration of general Acts 318
Owner may be required to sell parts only of certain houses 319
Power to take lands 820
Correction of errors omissions &c. 321
Provililion as to houses of labouring classes 822
34 & 35 Viet. H udders.field Improvement
Act 1871.
Time for compulsory purchase
Power to take additional lands by agreement
Power to agree for easements
Power to grant building leases of lands near park
Power to make agreements as to building leases
Sale of land subject to building leases
Power to sell without previous grant of building lease ...
Sales to be made within limited time
Power to sell lands not wanted
Application of purchase money of land
Lands in certain cases not to be sold without consent
Treasury
XXV.-BOROUGH FUND A.ND BOROUGH RATE.
Ch. cli.
SECTION.
828
824
325
826
327
828
829
330
331
832
of
333
Other provisions as to Borough Fund and Rate excluded 884
Borough Fund 835
Power to levy Borough Rate 836
Distinct estimates for sewers 837
Separate accounts for districts 838
Borough Rate to vary according to districts 339
Rates may be prospective or retrospective 340
Assessments for tithes railways &c. in certain cases 841
Power to !.'ate owner instead of occupier in cases described 1342
Value of property to be ascertained according to poor rates 343
Power for council to inspect parish rate books ... 344
Assessment to rates in case of unoccupied premises 845
Apportionment of rates between outgoing and incoming tenants 846
If poor rates considered an unfair criterion a valuation to be
made 847
Power to valuer to enter and examine lands for purpose of
valuation 848
Form of rate 849
Owner may be rated without stating his name 350
Notice of rate to be given 851
Rate to be open to inspection of ratepayera 352
Power to amend rates 358
Persons aggrieved by inequality of rate may apply to Council... 354
Rates may be recovered by action or distress 855
Rates made for a certain period to be apportioned 856
Recovery of rates from persons removing... 357
Reduction of remission for poverty 358
Rate-books to be evidence... 359
Produce of rate to be carried to Borough fund 3GO
95
96 34 & 35 Viet. Huddersfield Improvement
Act 1871.
XXVL-BoRROWING PowERs.
Ch. cli.
SECTION.
Power to borrow to specified amount 861
General borrowing power... 362
Saving for )V aterworks Act 363
Power to make lands security 364
Transfer to Borough Fund 365
Payment 0£ existing charges 366
Power to Public ,v orks Loan Commissioners to lend money 367
Protection 0£ lenders from inquiry 368
Power to re-borrow 869
Application of money borrowed 370
Saving for existing charges 871
Regulations as to mortgages 372
Transfers of mortgages 878
Repayment or money borrowecl on mortgage 374
Power for mortgagees to obtain a receiver 875
Accounts open to mortgagees 376
Power to raise money by annuities 377
Price of annuities . . . 878
Register transfer &c. of annuities 379
Coupons for interest on mortgages 380
Payment or coupons 381
Power to Corporation to arrange with mortgagees and
annuitants 382
Consents to arrangements... 883
Rt•striction on redemption of annuities 384
XXVII.-Bn-LA.ws.
Regulations as to bye-laws
Existing bye-laws continued £or a time ...
XXVIII.-SETTLEYENT OF DISPUTES.-ARBITR.A.TION.
Settlement of disputes as to compensation
Mode of arbitration
XXIX.-QU.A.RTER SESSIONS.
Appeal in cases of summary conviction against orders of
385
386
887
388
justices or against rates 389
XXX.-GENER.A.L.
Provisions of 11 and 12 Viet. c. 43 applicable to this Act 890
Punishment of abettors 391
Penalties on repetition of offences 392
Proceedings when offender refuses to state his name 398
34&35 Viet. Huddersfield improvement
Act 1871.
Git. cli.
Evidence of previous conviction ...
SECTION.
394
Damages and charges in cases of dispute to be settled by justices
Saving £or indictments
395
396
Regulations as to distress . . . 397
Contilnts 0£ summons 398
Power to order prosecutions 399
Application of penalties in certain cases 400
Application of penalties inflicted on Corporation 401
Proceedings not to be quashed for want of form or removal
by certiorari . .. 402
Validity 0£ warrants of commitment 403
Justices &c. not disqualified from acting 404
Persons entering into contracts with Corporation not disqualified
as members of Corporation . . . 405
Validity of meetings of Council .. . 406
Continuance 0£ and power to appoint officers and servants 407
Penalty on officer or servant taking unauthorised fees . . . 408
Accounts of receipts 409
Power to contract for works 410
Power to compound with contractors 411
Penalty for obstructing persons employed in execution of Act 412
Penalty on pulling down notice boards 413
Penalty on workmen &c. ... 414
Damage by mining works .. . 415
Penalty on occupier refusing to give name of owner 416
Form and service of notices by Corporation 417
Service of notice on Corporation . . . 418
Hours for notices . . • 419
Plans to be property 0£ Corporation 420
Books and papers of Corporation on death of officers 421
Proof of debt in bankruptcy 422
Plaintiff not to recover without notice or after tender of amends 423
Forms in Fifth Schedule authorised 424
Savings from effect of repeals 425
Saving rights of the Huddersfield Gas Company 426
Saving general rights and remedies of Corporation 427
' Copies 0£ Act with index to be kept and sold 428
Expenses of .A.et 429
SCHEDULES.
Preamble.
11 & 12 Viet.
c. cxl.
34 & 35 Viet. Huddersfield Improvement
Act 1871.
AN
ACT
Ch. clz.
for defining and extending the Powers of the Corpomtion
of Huddersfie]d in relation to the Management of
Streets in the Borough, and to Sewerage, and to
Police, and other matters of Local Government;
and for other purposes.
[ROYAL ASSENT 24TH JULY, 1871.]
WHEREAS in 1848 an Act was passed for better paving, lighting,·
watching, Bewering, draining, clcaming, and otherwise improving the
town and neighbourhood of Huddersfield in the west riding of the
county of York, for maintaining an efficient police there, and for
removing and preventing nuisances and annoyances therein (which
Act has the 8hort title of the Huddersfield lmprovement Act, 1848,
and is in this Act referred to as the Improvement Act of 1848):
And whereas by the Improvement Act of 1848, commissioners,
named the Huddersfield lmvrovement Commissioner~, were incorporated,
and were empowered to carry the Act into execution :
And whereas the Improvement Act of 1848 compri,ed parts of
several hamlets in the township of Huddersfield:
And whereas subsequently other parts of the same townsllip and
parts of adjoining or neighbouring townships were formed into local
board districts under the Public Health and Local Government Acts :
And whereas by charter or letters patent under the Great Seal of
the United Kingdom, dated the seventh day of ,July one thousand eight
hundred and sixty-eight, the inhabitants of the township of Huddersfield
and of other adjoining or neighbouring townships and
districts, including the local board districts herein-before referred to,
were incorporated by the name of the :Mayor, Aldermen, and
Burge,ses of the Borough of Huddersfield (in this Act called the
Corporation) :
And whereas by an indenture dated the tenth day of October one
thousand eight hundred and sixty-eight the Huddersfield Improvement
Commi.-sioners transferred to the Corporation all their rights, powers,
estates, property, and liabilities :
And whereas by the Local Government Supplemental Act, 1869, it
was, among other things, recited to the effect (section 3) that at the
time of the granting of the charter of the borough the Local Government
A.et, 1858, had been adopted within the districts therein
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
mentioned which were within the limits of the area incorporated by Preamble.
the charter, and that the powers, authorities, duties, properties, and
liabilities of the local boards of those districts had respectively ceased
and determined, and had become vested in the council of the borough:
And whereas by the same section, after further recitals relative to
the hamlet of Fartown and the district or division of Dalton,
respectively situated within the incorporated area of the borough, and
respecting the adoption of the Local Government Act, 1858, in and
for the hamlet and district respectively, it was enacted to the effect
that the Corporation by the council should be the local board fot· the
hamlet and district respectively as districts under the Local Government
Act, 1858, and that the council should have within those
districts respectively all powers and authorities which a local board
might have and exercise in a district duly constituted under the
Local Government Act, 18~8 :
.And whereas by the same Act it was further recited to the effect
(section 4) that the local boards for the several districts within the
area of the borough had by force of the enactments therein mentioned
become merged and incorporated in the council of the borough, and
that the council had become for each district the local board for the
same, and then acted for each of such districts respectively, and kept
separate accounts, and levied separate rates for each of them, and that
the said indenture of transfer of the tenth day of October one thousand
eight hundred and sixty-eight had been made, and that it was expedient
that all the powers of the local toards of the said several districts,
and of the Huddersfield Improvement Commissioners, should be
exercised by the council of the borough in the name of the council only,
without adding any other designation whatever:
And whereas by the same section it was enacted to the effect that
the council should be the local board of health for each of the districts
comprised in the borough, and should or might in all matters and things
in relation to each and any of the said districts, and in relation to the
district and powers of the Improvement Act of 1848, be described by
the name of the Council of the Borough of Huddersfield without any
other designation whatsoever, and that the council might appoint and
remove officers as therein mentioned, and might apportion and charge
the salaries and expenses of all and any of them to the several districts
or divisions aforesaid in manner therein mentioned :
And whereas it is highly inconvenient for the borough that there
should be in force therein a variety of provisions affecting the im•
provement and government of the borough, or of its several districts,
and the health and comfort of the inhabitants thereof, comprised in
different Acts not uniform in language and sometimes conflicting in · effect, and it is therefore expedient to consolidate enactments in force
relative to the improvement and government of the borough and its
several districts, and to simplify and amend them:
And whereas it is expedient at the same time to extend in various
respects the powers of the Corporation relative to matters comprised
in those enactments, and to other matters of local management :
And whereas it is expedient that the Corporation be empowered to
make various new streets and improvement of streets in the borough:
99
100 34&35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Sec. 1-3. And whereas it is expedient that further borrowing powers be
conferred on the Corporation, and that better provi1>ion be made
respecting securities for and other matters relative to moneys already
borrowed by the Corporation, and the various other local authorities
herein-before referred to:
And whereas the objects aforesaid cannot be attained without the
authority of Parliament:
And whereas plans and sections describing the lines, situations, and
levels of the intended new streets, and improvements of streets and
other works, and plans describing the lands intended to be taken
compulsorily for the purposes of this Act, and a book of reference to
those plans containing the names of the owners or reputed owners,
lessees or reputed lessees, and occupiers of lands in the line of the
proposed works, or within the limits of deviation as defined on the
plans, and of the other lands described on the plans, and further
describing all those lands, have been deposited with the clerk of the
peace for the west riding of the county of York (which are in this Act
referred to as the deposited plans, sections, and book of reference):
MAY IT THEREFORE PLEASE YOUR MAJESTY
that it may be enacted ; and be it enacted by the Queen's mo~t
Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows; (that is to say),
I.-PRELIMIN ARY.
Short title. 1. This Act may be cited ag The Huddersfield Improvement
Act, 1871.
Commence- 2. This Act shall commence from and immediately after the thirtyment
of Act. first day of August one thousand eight hundred and seventy-one.
Interpreta.- 3. In this Acttion
of terms. The term "the borough" means the municipal borough of Huddersfield,
and the terms "the Corporation," "the Mayor,"
"the Council," "the watch committee," "the sanitary committee,"
"the town clerk," "the treasurer," "the officer of
health," "the surveyor," "the borough fund," and "the
borough rate," mean respectively the mayor, aldermen, and
burgesses of the horough, and the mayor, the council, the watch
committee, the sanitary committee, the town clerk, the treasurer,
the officer of health, and the 1rnrveyor for the time being of the
borough, and the borough fund and borough rate of the borough:
The term "sanitary inspector" includes smoke inspector, officer
of health, and inspector of nuisances:
The term "surveyor" includes any assistant surveyor, appointed
or approved by the Corporation :
The term "the Municipal Corporations Acts" means the Act of
the se~sion of the fifth and sixth years of King William the
Fourth (chapter seventy-six), "to provide for the regulation
"of municipal corporations in England and Wales," and all
Acts for the time being in force amending the same, or otherwitie
relating to municipal corporations in England:
34&35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
The term "the west riding" means the west riding of the county
of York:
The term " the Improvement Act of 1848 " means the H uddersfield
Improvement Act, 1848 :
The term "person" includes an incorporated company and a
corporation aggregate or sole :
The term "justice" means a justice of the peace for the borough:
The term "two justices" means two or more justices assembled
and acting together in petty sessions for the borough, or any
stipendiary justice acting for the borough or for the west riding:
The term "court of quarter sessions" means the court of general
or quarter sessions for the west riding, or that for the borough,
if and when the borough has a separate court of general or
quarter sessions:
The term " street" applies to and includes any highway and any
road, public bridge (not being a county bridge), lane, footway,
1>quare, court, alley, passage, whether a thoroughfare or not,
and the parts of any such highway, road, bridge, lane, footway,
square, court, alley, or passage within the borough, whether
made before or after the commencement of this Act :
[The Act of 1876 (which is to be construed with this Act) contains
the following definition of "street" (section 4):
The term "street" shall apply to and include any highway and
any public bridge (not being a county bridge), and any road,
lane, footway, square, court, alley, passage, whether a thoroughfare
or not, and the parts of any such highway, road, bridge,
lane, footway, square, court, alley, or pasttage within the
Borough, whether made before or after the commE>ncement of
the Improvement Act of 1871.]
The term " court" means the whole or any part of any court,
alley, entry, passage, yard, way, or place made before or after
the commencement of this Act, and used with or appurtenant
to two or more dwelling-houses:
The term " owner" means the person who for the time being
receives the rackrent of the lands with reference to which that
term is used, whether on his own account or under or by virtue
of any mortgage or charge, or as agent or trustee for any
other person, or who would so receive the same if the lands
were let at a rackrent, and includes every successive owner from
time to time of the lands for any part of the time during which
the enactment wherein that term is used operates in relation to
such lands:
The term " occupier" means the person for the time being in
actual occupation or possession of the lands with reference to
which that term is used :
The term " drain " means a drain, pipe, channel, or gutter made
or used for the drainage of one building only, or of buildings or
lands within the same curtilage :
The term "sewer" means a culvert or channel for the passage
of water, sewage, or refuse, not being a drain as in this Act
defined:
101
Sec. 3
102 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ck. cli.
See. 4-7 The term "water rent" includes every 1mm of money payable to
the Corporation for a supply of water :
The term" slaughter-house'' includes a knacker's yard and any
building or place used for slaughtering animals for sale :
The term " cart" includes any vehicle made or used for the
conveyance of goods, commodities, or chattels in a street:
The term " carriage " includes any vehicle of what nature soever
made or used for the conveyance of persons in a street:
The term " cattle " includes horses, asses, mules, sheep, goats,
and swine:
The term "article" includes any commodity, and also any animal
comprised in the definition of cattle in this Act :
The term "driver" means the driver, conductor, or carter of a
carriage or cart :
[The Act of 1876 (which is to be construed with this Act) contains
the following ad,litional definition (section 4) :-
The terms " lands" and "premises" shall apply to and include
messuages, buildings, lands, easements, and hereditaments of
of any tenure.]
And in this Act, and in any act incorporated wholly or in part with
this Act, the term '' superior court" or "court of competent
jurisdiction " shall have effect as if the debt or demand with respect
to which it is used was a common simple contract debt, and not a debt
or demand created by statute.
Effect of .Act 4. The provisions of this Act mentioning or relating to Sir John ~ to ~ir John Ramsden shall be deemed to extend and apply not only to the present ams en. baronet, Sir John William Ramsden, his heirs and assigns, but also to
the person or persons for the time being in receipt of or entitled to the
rents and profits of the estates in the borough from time to time
subject to the uses for the time being subsisting of the will of
Sir John Ramsden, Baronet, deceased, or of any settlement or
resettlement thereof, or of any Act of Parliament relating to the same,
and the trm,tees and trustee for the time being acting under such
will, settlement, resettlement, or .Act.
Rd_epeal .and 5. From and after the commencement of this Act, but subJ'ect to ISOODtlDD• h . . f h' A t h d 'b d . p I £ h a.nee of enact- t e prov1s10ns o t 1s c , t e enactments escr1 e m art . o t e
m~nts, &o. as first schedule to this Act shall be repealed, and those described in
in schedule. Part II. of the same schedule shall cease to apply to the borough.
II.-THE BOROUGH.
Confirmation 6. The charter of incorporation of the borough dated the seventh
oichartiran~ day of July one thousand eight hundred and sixty-eight, and the
; 0!:~;s ofr O indenture dated the tenth day of October one thousand eight hundred
Improvement and sixty-eight, whereby the Huddersfield Improvement Commissioners
Commission- transferred to the corporation all their rights, powers, estates, property, ers. and liabilities, are hereby confirmed.
S_aving of 7. Provided always, that nothing in this Act, or in the charter of
rig~tsdof 1td incorporation recently granted to the town of Huddersfield, contained ~he %a~irs of shall extend to or be deemed, construed, or taken as in anywise
Huddersfield extending to extinguish, prejudice, diminish, affect, or disturb, or as
and Almond- authorising anything to be done, or omitted to be done, so as to
bury.
34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 103
extinguish, prejudice, diminish, affect, or disturb any right, privilege, Sec. 8-11
franchise, incorporeal hereditament, or profit belonging to the lord
or lords of the manors of Huddersfield and Almondbury respectively
for the time being, or belonging to the person or persons for the time
being in receipt of or entitled to the rents and profits of the estates
from time to time, subject to the subsisting uses of the will of
Sir John Ramsden, Baronet, deceased, or of any settlement or
resettlement thereof, or of any Act of Parliament relating to the same,
or reserved or conferred by the Act of Parliament passed in the 7th 7 & s G. 4.
and 8th years of the reign of King George the Fourth, intituled c. lx:uiv.
"An Act for supplying with water the town and neighbourhood of
"Huddersfield in the west riding of the county of York," or by the
Act of Parliament passed in the 8th and 9th years of the reign of Her 8 & 9 v· t
present Majesty, intituled "An Act to alter, enlarge, and amend an c. lxx. 10 •
"Act for supplying with water the town · and ueighbourhood of
"Huddersfield in the west riding of the county of York," or by
"The Huddersfield Improvement Act, 1848," or any of them, save and
except the privilege conferred by the sixteenth section of the said last
mentioned Act on the lord of the manor therein referred to, to nominate
and appoint three commissioners to act under the provisions of that
Act, which privilege the lord of the manor has consented to waive, but
such rights, privileges, incorporeal hereditaments, and profits respectively,
save as aforesaid, shall remain, continue, and be used, exercised,
enjoyed and taken in the same manner in all respects as if this Act
had not been passed and the said charter _had not been granted.
8. This Act shall (except where it is expressly provided otherwise) Act to extend
apply to and within the borough exclusively. to borough.
9. The districts of the borough for the purposes of this Act are Names of
those described in the second schedule to this Act, and they or some districts in
of them are mentioned in this Act by the respective names in the first borough.
column of that schedule given.
10. From and after the commencement of this Act the following Vesting of
property shall be and the same is hereby vested in the Corporation ; property of
(namely,) Improye~ent
Comm1ss1onAll
property which at the date of the said indenture of transfer of ers, local
the tenth day of October one thousand eight hundred and sixty- boards, &c. in
eight was vested in the Huddersfield Improvement Commissioners: Corporation.
All property which at the respective dates when the Corporation
became the local board for the several districts in the borough was
vested in those respective local boards :
All property which at the date of the Local Government Supplemental
Act, 1869, was vested in the surveyors of highways for the
hamlet or division of Fartown and for the district or division of
Dalton respectively:
But nothing in this section shall prejudicially affect any dealing with
the property aforesaid, or any part thereof, subsequently to the
respective dates aforesaid.
11. This Act shall be carried into execution by the Corporation .Act to be
acting b_y the council, and according to the Municipal Corporations executed by
Acts ancl. other laws for the time being affecting the Corporation, and council.
with all the rights, powers, privileges, and authorities conferred by those
Acts and laws on the Corporation and on the council and committees of
104
See.12-16
Regulations
as to oom.
mittees of
couticil.
Management
of streets
vested in
Corporation.
Corporation
to be sur• veyors of
highways.
Corporation
liable to
indictment
for want of
repairs.
Power to
pave streets,
&e.
34 & 85 Viet. Huddersfield Improvement
Act 187!.
Ch. cli.
the council. and the officers, agents, and servants of the Corporation,
with respect to matters provided for, by, or comprised in the Municipal
Corporations Acts, and as nearly as may be in all respects as if the
powers, duties, and property vested in, imposed on, or enjoyed by the
Corporation by or uuder this Act were vested in, imposed on, or enjoyed
by them by or under the Municipal Corporations Acts.
[See Act of 1876 s. 8 ; Act of 1880 s. 9; Act of 1882 s. 8.]
12. Where, under the authority of the Municipal Corporations
Acts, the council appoint out of their own body any committee for the
execution of any of the purposes of this Act, they may delegate to each
such committee such of the powers and duties of the Corporation under
this Act as the council think fit for the purpose of carrymg into effect
any specific orders of the council; and the acts and proceedings of
every such committee within the limits of such delegation shall be
deemed the acts and proceedings of the council, ( or the council may
appoint any committee for any purpose of this Act), so that the acts
of every such last-mentioned committee shall, if the council so order,
but not otherwise, be submitted to the council for approval ; and the
quorum of any such committee as in this section provided for shall be
such as the council direct, and the council may from time to time make
such regulations as they think fit for the guidance of any such
committee, and the council may from time to time remove any members
of any such committee, and appoint in the stead of them, or any of
them, other members of the council; and any such committee may
appoint any of its members to be a sub-committee to execute and
discharge any of its powers and duties, but the acts of every such
sub-committee shall, unless the council, on the appointment of the
committee, otherwise direct, be submitted to the council for approval.
III.-STREETS; HIGHWAYS; ROADS; PATHS.
13. The management of all streets and courts which at the commencement
of this Act are or thereafter become public highways, and
the pavements and other materials as well in the footways as in the
earriageways of such streets and courts, and all buildings, materials,
implements, and other things provided for purposed of highways by
surveyors of highways, or by the Corporation, shall belong to the
Corporation.
14. The Corporation exclusively shall be the surveyors of highways,
and (subject to the provisions of this Act) eball have all such
powers and authorities, and be subject to all such liabilitie11, as any
surveyors of highways are invested with or subject to by virtue of the
laws for the time being in force, and the inhabitants of the borough
shall not, in respect of any lands within the borough, be liable to the
payment of any highway rate or other payment in respect of the
making or repairing of roads within any other part of any parish in
which any part of the borough is situate.
15. The Corporation shall be deemed guilty of a misdemeanorfor
refusing or ne~lecting to repair any public highway, and shall be liable
to be indicted for such misdemeanor in the same manner as inhabitants
are ordinarily by law liable to be indicted in the like case.
16. The Corporation from time to time may cause all or any of
the streets and courts under their management to be paved, flagged,
drained, macadamiied, or otherwise made good, maintained, and
34&35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 105
repaired, and the ground or soil thereof to be raised, lowered, or See. 17-21
altered, in such manner and with such materials as they think fit ; and
may flag, pave, make, and repair, with such materials and in such
manner as they think fit, any footways for the use of passengers in any
such street or court, making compensation to any person sustaining
any damage by reason 0£ the ground or soil of any street or court
being raised, lowered, or altered.
[Provisions of this Act with respect to paving, improving, and
altering levels of streets not to extend to the open space
forming the approach to the Huddersfield Railway Station :
s. 193 of this Act.]
17. The Corporation, for the purpose of making improvements, or Alteration of
for securing proper levels or uniformity of any pavement or footway, level of pavemay
raise, lower, or alter any pavement or footway, or any arch, vault, mente, &c.
cellar, or area under or adjoinmg to any pavement or footway, making
compensation to owners and occupiers of buildings and lands for any
damages or expenses sustained or incurred by them by reason or in
consequence of the exercise of the powers of this section.
[See note to previous section. The provisions of this section
extended to the alteration of the roadway or carriageway and
footways of any street of whatever material the same respectively
may be formed or constructed: .A.et of 1882 s. 33.]
18. The Corporation may stop up a street or court, and prevent Streets may
all persons from passing along and using the same, for a reasonable be stopped for
time during the construction, alteration, repair, or demolition of a temporary
sewer or drain, or the repair or improvement of the carriage or footway purposes.
of a street or court, or the execution of any other work authorised
by this Act.
19, The Corporation may continue, or from time to time place and Power to set
maintain, in any street or court under their management, any posts, up po~ts for
pillars, rails, bars, chains, or other fence, permanent or temporary, for ~u~rdmg
the protection of passengers and traffic, or for preserving the footway 00 ways.
clear from annoyance, or for prevention of accidents, or for making
the crossing of the carriageway less dangerous to passengers.
20. I£ any person displaces, takes up, or alters any post, pillar, Penalty for
rail, bar, chain, or other fence, permanent or temporary, continued or altering post,
placed and maintained in any street or court by the Corporation, or p~vement, &c.
the pavement, flags, curbs, channel stones, or other materia.ls of any : 1th0u! of
street or court under the management of the Corporation, without o~~;::ation.
their consent in writing, or other lawful authority, or damages any
such post, pillar, rail, bar, chain, or fence, or any such pavement, flags,
curbs, channel stones, or other materials, he shall be liable to a penalty
not exceeding five pound,g, and the Corporation may reinstate the street
or court, and the thing displaced, taken up, altered, or damaged, and
recover the expenses from him.
21. For the purposes of this Act, lmildings and lands shall be De.finJtion _of
deemed to be in a street or court when they abut on a street or court, buildrngs in
or when only some portion of waste or unoccupied ground open to streets, &c.
the passage of the public intervenes between the buildings or lands
and a street or court : Provided always, that any building or land
situate within the borough elsewhere than within the Improvement
Act area used by a railway company as a part of or in connexion with
106 84 & 35 Viet. Huddersfield Improvement
Act 1871.
Ck. cli.
Sec. 22-25 their railway, and having no communication with any street on which
such building or land may wholly or partly front or abut, shall not be
deemed to be a building or land within the intent and meaning of this
enactment.
[By Act of 1880 s. '73 "subject to the provisions contained in
" section 193 ( exemption of certain railway buildings from
"operation of Act) of the Improvement Act of 1871 * * * *
"buildings and lanus shall be deemed to be in a street when they
" abut on or have an access ( covered or uncovered) to a street, or
"when only some forecourt, garden, yard, or strip of waste or
"unoccupied ground intervenes between any such buildings or
"lands and a street."]
Approval of 22. The width, level, and mode of construction of every street new streets. begun or completed after the commencement of this Act (in this Act
referred to as a new street), and the materials to be employed therein,
shall be subject to the approval of the Corporation.
Notices, &c. 23. Every person who intends to make a new street shall give
of new streets notice to the Corporation of such intention by writing left at the
surveyor's office, and shall at the same time leave there the following
documents; (namely,)
Time for
approval.
Effects of
approval.
(1.) A plan of the street on a scale of not less than one inch to
forty feet, showing the names of the owners of the lands
through or over which the street will pass, its level, width,
direction, mode of construction, and name, and its position
relatively to the streets nearest to it:
(2.) A section of the street on the same scale, and on a vertical
scale of not less than one inch to ten feet, showing the level
of the then surface of the ground above some known fixed
datum, the level and rate of inclination of the street, and the
level and inclinations of the streets with which it will be
connected.
Every such plan and every such section shall contain the name and
address of the person intending to make the street, and be signed by
him or his authorised agent, and shall be deemed for purposes of this
Act pa.rt of the notice, and every such notice shall be accompanied by a duplicate, and every such plan and every such section shall be
accompanied by a duplicate or tracing, and every such duplicate or
tracing shall be retained by and shall be the property of the Corporation,
and every such notice, plan, and section shall be delivered
back to the person giving the notice, having been first stamped. or
otherwise marked so as to indicate the fact and date of the leaving of
the notice, plan, and section at the surveyor's office; but no street
made or to be made by the owner of the land over which the same shall
pass for its whole length shall become a highway until such owner shall
have assented thereto by writing under his hand.
24. The Corporation Rhall approve or disapprove of an intended
new street within one month after receipt of the notice required by
this Act, and if they do not disapprove within that period, then at the
end of that period they shall be taken to have approved.
25. Nothing in an approval by the Corporation of an intended
new street shall be taken to authorise the making of the street, or the
doing of anything relative thereto or in connexion therewith not
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 107
specified in the approval, in any manner contrary to any of the Sec. 26-32
provisions of this Act or of any bye-law thereunder.
26. If any new street appr()ved by the Corporation, and intended Duration of
to be a public street, is not made and opened for public use within two apb~?valt!e\0
years from the time of approval, the approval shall at the expiration pu 10 8 r •
of that period cease to operate, and fresh notice and approval shall, as
to so much of the street as is not completed, be requisite as if notice
and approval had never been given.
27. If any new street approved by the Corporation, and not Duration of
intended to be a public street, is nut made and completed so as to be ?pr~vai as
fit for use within three years from the time of approval, the approval s~r~!!:a 8
shall at the expiration of that period cease to operate, and fresh notice ·
and approval shall, as to so much of the street as is not so completed,
be requisite as if notice and approval had never been given.
28. The width of a new street shall be taken to mean the whole Measurement
space dedicated or intended to be dedicated to the public, exclusive of of width of
any steps, projections, and uncovered areas, and shall be measured new streets.
at right angles to the course or direction of the street.
29. Every new street intended to be a carriage road shall be la.id Wid~h of
out and formed as follows; (namely,) carrdtage
If intended not to exceed one hundred yards in length, it shall be
laid out and formed at least thirty-six feet wide, unless a less
width be in any case consented to by the Corporation :
If intended not to exceed· one hundred yards in length, but if in the
opinion of the Corporation likely to be at some future time
extended so as to exceed that length, it shall be laid out and
formed of a greater width than thirty-six feet in case the
Corporation so order:
If intended to exceed one hundred yards in length, it shall be laid
out and formed of such greater width than thirty-six. feet as the
Corporation in each case order.
roa s.
30. The Corporation may from time to time erect barriers so as to Barriers in
prevent any new street from being used as a carriage i-oad if it is of a new streets of
less width in any part thereof than that required by or under this Act, in?ufficied
and if any person throws down or damages any such barrier he shall width·
be liable to a penalty not exceeding five pounds.
81. Every new street intended as the chief approach to a honse or Width of new
houses, but not intended to be a carriage road, shall be laid out and streets not
formed as follows; (namely), carriage roade
It shall in every case be laid out and formed at least twenty-four
feet wide, unless a less width be in any case consented to by the
Corporation :
If intended to exeeed one hundred feet in length, or if in the opinion
of the Corporation likely to be at some future time extended so
as to exceed that length, it shall be laid out and formed of such
greater width than twenty-four feet as the Corporation in each
case order.
32. Provided, with respect to any new street, whether intended to Podwer_for f
b · d th h · 1 f l re notion o e a carriage roa or not, at w ere an open space 1s e t a ong one width in
side or both sides of the street in front of the houses throughout its certain 0 11,aes,
108 84 & 35 Viet. Huddersfield Improvement
Act 1871.
Ck. cli.
Sec 33-39 entire length, or the street is not the principal or only approach to
the dwellings therein, or it would in the opinion of the Corporation be
difficult or inexpedient to lay out and form the street of the widtb
required by this Act, the Corporation may, if they think fit, allow the
same to be laid out and formed of a less width than that required by
this Act.
Ba.ck streets 33. Every new street intended as the principal or front access to
to be laid out. a continuous line of dwellings shall, unless the Corporation otherwise
allow, have provided and set out in connexion with it one or more
back or transverse streets or roads at least twelve feet wide, in such
manner as to afford access for carts to the back of every house in such
continuous line of dwellings in the new street.
CarriAie and 34. The Corporation shall, with respect to every new street,
foot way. determine what proportion of its width shall be laid out as carriageway
and what as footway.
Iuteraecting
streets.
Entrancea to
streets.
35. No street intended to have a continuous line of buildings shall,
unless the Corporation otherwise allow, be laid out of more than two
hundred yards in length without a street intersecting it.
36. Every new street shall, unless the Corporation otherwise
allow, have at least one entrance of the full width of the street open
from the ground upwards.
P_owe~ to vary 37. The Corporation may vary, as they think fit, the intended
dtec:ion,tf position or direction of any new street o.r court, and may vary the 8 ree 8 ' o. intended line of frontage of any new building (not being a re-erection
on the i;ite of a previous building) in a street or court so that the same
may correspond with the building line of the adjoining or nearest
houses, or with the general building line of or prescribed for the
street 01· court.
Works for
drainage of new streets.
Notice of
irregularity.
38. The level, width, position, and direction of a new street
having been approved by the Corporation, the surveyor shall, with the
approval of the Corporation, specify the depth and inclination, form,
size, materials, and other particulars of the sewers, and their
appurtenances, according to which the works for the proper drainage
of the street and of the adjoining properties shall be executed ; but if
the Corporation, for the purpose of main drainage or otherwise, shall
require a larger sewer to be made than they consider would be
necessary for the ordinary sewerage of such new street, the additional
cost of such enlarged sewer shall be paid by the Corporation.
39. Hin the making of a new street, or the execution of any work
connected therewith, anything is done in contravention of this Act or
anything required by this Act is omitted, the surveyor may, within
forty-eight hours after obtaining knowledge thereof, give to the person
making the street, or his agent, notice in writing requiring him, within
a time specified in the notice, to amend what has been so done in
contravention, or tu do what is so required; and if such person fails
to comply in any respect with the requirements of the present section
he shall be liable to a penalty not exceeding five pounds, and to a
further penalty not exceeding forty shillings for every twenty-four
hours during which such failure continues after the expiration of
twenty-four hours from service of notice thereof on him by the
Corporation. ·
34 & 35 Viet. 1-I uddersfield improvement
Act 1871.
Ch. clt. 109
40. I£ any person begins to make a new street without giving the Sec. 40-43
notice required by this .Act, or before the expiration of one month Penalties for
from the receipt by the Corporation of that notice, if given, or the breach of
previous approval of the Corporation, or begins to make a new street rul~s a.s to
which has been disapproved by the Corporation, or, after the Corpora- : 0 t10:s, plans,
tion has approved of a new street, makes, either before or after st~~~tsnew
completion thereof, any alteration in the whole or in any part thereof · so approved, without furtlier previous approval by the Corporation of
the alteration, or does anything in contravention of this Act, or omits
to do anything required by this Act, or by the Corporation or surveyor,
under the authority of this Act, with reference to the making of a new
E<treet, be shall be liable to a penalty not exceeding five pounds, and
in case of a continuing offence to a :further penalty not exceeding
forty shillings for every twenty-four hours during which such offence
continues after the expiration of twenty-four hours from service of
notice thereof on him by the Corporation.
[Corporation empowered to alter works of a street or building
improperly executed: Act of 1876 s. 91.]
41. If at any time any street or court (not being a highway usually Power to .
repaired by the inhabitants at large) formed, set out, or laid out, ota.use oertadm · h b f ,, h t f h' A · d s reets a.u e1t er e ore or atter t e commencemen o t 1s et, 1s not sewere , courts to b
drained, levelled, kerbed, flagged, asphalted, and paved, or macadamised, sewered an~
to the satisfaction of the Corporation, they may at any time and from paved, &c.
time to time order that it be freed from obstruction, sewered, drained, by owners
levelled, kerbed, flagged, asphalted, paved, macadamised, and otherwise
completed, with such materials, at such levels, with such inclinations,
and with sewers and drains of such dimensions, and that the soil
thereof be raised, lowered, or altered in such manner and within such
time as the order directs, and thereupon the respective owners of the
buildings and lands in such street or court shall, at their own
respective expense, remove all obstructions in, on, or under, and sewer,
drain, level, kerb, flag, asphalt, pave, macadamise, and otherwise
complete the same within the time and in the manner prescribed in the
order.
[See form of Order for Sewering, &c. : Fourth Schedule No. 1.
Where temporary repairs only required: See Act of 1876 e. 80.
Several streets or parts of streets may be included in one
order: Act of 1880 s. 70.]
42. Every such order shall be eerved on the respective owners or occupiers Pnblication of
of the bnildings and lands in the street or conrt to which it relates, and shall be orders for
pnblicly posted at ea.oh end of that street or court. sewering and
[ d . paving, &o.
Repeale ; Every order made under the precedmg section shall " be streets.
"published once in each of two successive weeks in some news"
papl'lr circulating in the borough, and be publicly posted at
"each end of the court or street to which it relates ": Act of
1876 s. 75.]
43. I£ any work required to be done by any such order is not On owner's
commenced within one month after the time prescribed in that behalf neglect to
in the order, or if any such work when commenced is not carried on sewer ,:nd
without unreasonable delay, or if any such work is not completed pave, :;;d
within the time and in the manner prescribed in the order, the following ~:!!'ork a~
provisions shall apply to every such case; (namely,) hill expense.
110
Sec. 44
Materials in
streets
sewered a.nd
paved.
34 & 35 Viet. Huddersfield l mprovement
Act 1871.
Ch. cli.
(1.) The Corporation may at any time and from time to time
remove all obstructions in, on, or under, and sewer, drain,
level, kerb, flag, asphalt, pave, macadamise, or otherwise
complete the street or court to which the order relates, or
such part thereof as is not done in accordance with the
order, in such manner as they think fit :
(2.) The Corporation may charge the several owners of buildings or
lands in the street or court with the expenses of the
execution by them of those works, or incidental thereto,
with a commission, not exceeding the rate of five per
centum on the amount thereof in respect of the surveying
and superintendence of those works (which expenses and
commission are comprised in the term " new street
expenses" where used in this Act):
(3.) Ntw street expenses shall be charged to such owners in
proportion to the extent of the frontage of their respective
buildings and lands in the street or court:
[These expenses may now (subject to the proviso to s. 21 of this
Act as to railway buildings and lands) be apportioned among
the owners in rnch proportions as the Corporation deem
equitable: Act of 1876 s. 76.
As to apportionment between owners and lessees : See Act
of 1876 s. 77] .
(4.) Such proportion shall be ascertained and settled by the
surveyor, and the apportionment by him shall be binding·and
conclusive on all parties, unless the same is by written
notice disputed within one month from the time of notice
(5.)
(6.)
of the apportionment being served by the Corporation :
Any such dispute shall be settled by arbitration:
Notwithstanding any such dispute, such interest on new
street expenses as is hereafter in this Act provided for shall
commence as against each such owner from the expiration
of one month from the time of demand of his proportion of
new street expenses being served on him by the Corporation:
(7.) 1£ it appears to the Corporation that additional expense is
occasioned in the execution of the works in any street or
court by the construction of a sewer of a larger size or with
other materials than would have been necessary merely for
the purpose of the drainage of the street or court, or of the
buildings or lands therein, they may deduct from the new
street expenses chargeable to any owner such a sum as
under all the circumstances of the case they deem just :
But the owner of any building or lands shall not be liable to be
charged for tbe repair of any public highway tbat crosses any such
street or court.
44. The Corporation may appropriate, use, and dispose of any old
material!! existing in any street or court at the time of the execution
by the Corporation of any works in such street or court under the
foregoing provisions, allowing such sum as the surveyor may fix to be
the value thereof to the owners of buildings and 1ands in such street
or court, in proportion to their interest therein, unless such owners,
within twenty-four hours after notice so to do served on them by the
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 111
Corporation, remove such materials or their respective proportions Sec. 45-48
thereof, and any stone, gravel, clay, or other material produced in tlie
course or in consequence of the execution by the Corporation of any
imch works may be used by them in the execution of any works under
this Act, and in case of their so using thf.' same, the value thereof to
be fixed by the surveyor shall be paid or allowed by them to the
owners of buildillgs or lands whose property has produced the same.
45. When any street or court has been £reed from obstruction, Streets
sewered, drained, levelled, kerbed, flagged, asphalted, paved, macada- sewered,
rnised, or otherwise completed to the satisfa()tion of the Corporation, havedb ~c. to
they shall, by a declaration recorded among the proceedings of the hfgh~~;~ council, d~clare the same to be a public highway, unless the owner or · owners of buildings and lands in such street or court extending for
not less than four fifths of the frontage of such street or court object
thereto by notice in writing served on the Corporation within one
month after notice of the intention of the Corporation to make such
declaration has been put up in some conspicuous part of the street or
court, and from and after any such declaration the street or court
to which the same relates shall be a public highway, and be repairable
accordingly.
[See form of Declaration of Highway: Fourth Schedule No. 7.
This declaration is not now compulsory: See Act of 1876 s. 81]
46. The foregoing provisions of this Act relating to the formation Successive
of streets and courts, not being highways usually repaired by the exercise of
inhabitants at large, shall have effect, and the powers thereby given to foregoing
the Corporation may be exercised, as follows: (namely,) powers, &c.
In relation to any one or more of the works or classes of work
mentioned in those provisions separately without any other or
others of them :
In relation to the same street or court, or any part or parts thereof
successively, at such intervals and times as the Corporation
think fit:
In relation to one footway of a street or court after auother:
In relation to the paving of a street or court after the same has
been macadamised:
In relation to the flagging of a footway after it has been asphalted
or otherwise formed.
47. Where a street or court has been macadamised, or a footway Provisional
has been asphalted or otherwise formed, the Corporation may acceptance
provisionally accept the same, and undertake the maintenance and,/ strec!_hy
repair thereof, without requiring in the first instance the paving of the orpora ion.
street or court, or the flagging of the footway, and may afterwards,
when from the increase of buildings or traffic or other cause they think
it requisite, order that the same, or any parts in succession thereof, be
paved or flagged under and according to the foregoing provisions of
this Act.
48. The expenses of and incidental to any one or more of the Expenses to
works or classes of works aforesaid ordered by the Corporation shall be be new street
deemed new street expenses within the foregoing provisions. expenses.
112 84& 35 Viet. H udders.field improvement
Act 1871.
Ch. cli.
· Sec. 49-53 49. Notwithstanding anything in this Act, a street or court shall
Restriction on not be accepted by the Corporation and declared to be a highway until
acceptance by it has been sewered, drained, levelled, and kerbed, and flagged or
Corporation. asphalted, and either permanently paved or permanently macadamised,
or otherwise permanently completed to the satisfaction of the
Corporation.
Corporation
may agrae
for making
of roods.
50. The Corporation may agree with any persons for the making
of roads for the public use through the lands and at the expense of
such persons, and may agree that such roads shall become, and the
same shall accordingly become, on completion public highways maintainable
and repairable at the public expense, and the Corporation may agree
with such persons to pay, and shall accordingly pay, any portion of the
expenses of making such ronds out of the funds at the disposal of the
Corporation for public improvements.
Corporation 51. The Corporation may agree with the proprietors of any canals,
may !g~ee as railways, or tramroads, and with any landowners or other persons
tob _bdoildmg of willing to bear the first expense thereof, for the construction or n gee over l . f d d' l . b d canals &o. a teration o , an may accor mg y cause or permit to e constructe or
' altered, any bridges, viaducts, or arches over or under any such canals,
railways, or tramroads at the expense of such persons, and may at the
like expense, by agreement, purchase so much of any slopes, embankments,
or other parts of such canals, railways, or tramroads, or of any
adjoining lands, as may be required for the foundation and supports
of such bridges, viaducts, or arches, and the approaches thereto, and
may agree tbat such bridges, viaducts, and arches respectively, with
their approaches and accessories, shall become, and the same shall
accordingly become, on completion parts of public streets or roads
maintainable and repairable at the public expense; and the Corporation
may agree to pay, and shall accordingly pay, any portion of the
expemes of such construction, alteration, and purchase out of the
funds at the disposal of the Corporation for public improvements, and,
with the consent of such proprietors and other persons interested, and
on such terms as may be mutually agreed upon, the Corporation may
adopt any existing bridges, viaducts, or arches over or under any
such canals, railways, or tramroads, and the approaches thereto, as
public bridges, viaducts, or arches, and parts of public streets or roads,
maintainable and repairable at the public expense.
Power to 52. The Corporation may from time to time by order, in conrequire
alter- junction with or in relation to any order authorised by this Act
ation of levels relative to the formation of a street, direct that the level of the street
of streets. be altered so as to be adapted, in such manner and to such extent as
the Corporation think fit, to the level of any adjoining or other street,
making compensation to owners and occupiers of buildings and lands
for any damage or expenses sustained or incurred_, by them by reason
or in consequence or in the execution of such order.
Power to
repair footways.

53. If at any time in any street (whether or not a highway
repairable by the inhabitants at large) there is not a properly paved,
asphalted, or flagged footway on each side, the Corporation may at any
time and from time to time, and as to one side or footway after the
other in succession, or as to both sides or footways, order the owners
or occupiers of buildings or lands in the street to make a footway or
footways in the street along their respective frontages thereto, of such
form, size, and materials, at such levels, with such inclinations, in such
34&36 Viet. Huddersfield bnprovement
Act 1871.
Git. cli. llS
manner, and within such time, as the Corporation direct; and there- Sec. 54-57
J1pon such owners shall, at their own expense, make such footway or
footways, and otlierwise proceed as prescribed in the order; and if any
work required to be done by any such order is not commenced within
one month after service of such order, or if any such work when
commenced is not carried on with reasonable despatch, or is not carried
on in the manner or completed within the time prescribed in the order,
the Corporation may at any time and from time to time make and
execute the footway or f'ootways and works prescribed by the order,
and may charge and recover the expenses incurred, and commission
thereon, as new street expenses, under and in accordance with the
foregoing provisions in that behalf.
54. The Corporation may from time to time by order declare the Power to
points or limits at or within which any street is fol' the purposes of define streets.
this Act to be taken as beginning and ending.
65. An incumbent or minister of a church or chapel consecrated Exemption of
or licensed, or a minister or trustee of a chapel or meeting house incumbent or
appropriated to public religious worship, and certified and recorded as minister of
such according to law, shall not be liable to any new street expenses as cturc~, &
owner or occupier of such church, chapel, or meeting house, or of any ~ro~en'ewc.
churchyard or burial ground attached thereto, situate in a street or street ex•
court, nor shall any new street expenses be a charge on such church, penses.
chapel, meeting house, churchyard, or burial ground, or subject the
same to distress, execution, or other legal process, and the Corporation
may execute any works from the expenses of which any such incumbent,
minister, or trustee is by this section exempted, and may pay the
expenses of the execution of those works out of the borough fund
created by this Act; but an incumbent, minister, or trustee so
exempted shall not be entitled to an allowance in respect of the value
of old materials existing in the street or court.
56. The Corporation may, on the application of the majority of Power to stop
the owners of the land over which any highway or footpath passes, from up highways
time to time, by order, stop up, vary, or dirnrt, wholly or partially, where un- &
any highway or footpath which in their opinion is unnecessal'y, on necessary, c.
such tel'ms, as to the-Testing of the soil and other matters, as may be
agreed on between the Corporation and the owners and lessees of
buildings and lands abutting on the highway or footpath, and on any
highway or footpath being so stopped up, varied, or diverted, all public
and other rights of way, and other rights in, over, or on the same, to
the extent of such stopping up, variation, or diversion, shall be
absolutely extinguished ; but no such order shall be executed until
after the expiration of one mouth from the time when it has been
publicly posted at each end of the highway or footpath to which
it relates.
57. The Corporation may agree with the owner o:f and persons Power to
interested in any building or lands for the absolute purchase thereof, pu:c~ase
or of any part thereof, and of all subsisting leases, rentcharges, bmldi~gs 01•
annuities, mortgages, incumbrances, estates, or interests in or affecting !:;!:i 0
;
the same, and after such purchase may cause the building, or the part str:et ~m- thereof purchased, to be taken down and removed, and the site thereof, provements.
and the lands purchased, or any part thereof, to be laid into any street
or court for widening, enlarging, or rendering more commodious the
same, oi: to be disposed of for making new streets, or otherwise :for
114 34 & 35 Viet. Huddersfield Improvement
Acti187l.
Ch. cli.
Sec. 58-60 the improvement of the borough, as the Corporation think fit, and the
Corporation and any person to be benefited thereby may contribute
towards those purposes on such terms and to such extent as the
Corporation and he agree.
R~us?s an_d 58. Where any person after the commencement of this Act erects
btmldmgbs ~n any new house or building, or rebuilds any old house or building, in s reeta emg f • b · · d 1 'd t d b f carriage- or rontmg to any street emg a carriage roa a1 ou or use e ore
ways. or after the commencement of this Act, whether any house or other
building has been previously erected on the site or intended site of
of such house or building or not, the following provisions shall have
effect ; (that is to say,)
Where buildings
taken
down power
to take land
to improve
street.
Elevations of
buildings
erected on front land to
be subject to
approval of
Oorporation,
(1.) The person so erecting or rebuilding shall, if required by the
Corporation or their surveyor, erect or rebuild such house or
building at the distance of six yards at least from the centre
of the street, and, if necessary.for that purpose, shall set back
the house or building accordingly, and that spaee or distance
of six yards shall be given up for and form part of the street,
unless the consent of the Corporation in writing is previously
obtained by such person to the contrary :
(2.) In case any person after the commencement of this Act ere!)ts
or rebuilds any house or building in contravention of the
provisions of this section, the Corporation may, within three
months after the erection thereof, pull down, take away, and
remove the same, or so much thereof as is erected in contravention
as aforesaid, and such person shall in every such case
forfeit and pay a sum not exceeding twenty pounds, to be
recovered by the Corporation in any court of competent
jurisdiction :
(3.) Provided that in every such case the Corporation shall make
compensation in respect of any land or building given up as aforesaid:
[See the following section and note.]
59. Where a building in a street or court is burnt or taken down
to or below half the front elevation thereof, or is intended to be rebuilt or new fronted, or where it is intended to erect a new building on
lands at the commencement of this Act vacant or unbuilt on in or near a street or court, and the Corporation are desirous of widening or
enlarging such street or court, or any adjoining or neighbouring
street or court, or of making alterations in the line of the buildings
therein, they may for such purposes, by agreement, purchase any part
of the site of such building, or of the lands occupied therewith, or of
such vacant lands.
[As to setting back projecting houses, see s. 63 of this Act.
Corporation empowered to prescribe building line, and to set
back buildings when half of front pulled down, on paying
compensation: Act of 1876 s. 82.]
60. All building!! or parts of buildings erected on the site of any
building, or any ground, which site or ground in consequence of any
improvement made by the Corporation becomes front land, or on any
lands purchased or taken by the Coi·poration before or after the
commencement of this Act, shall be erected according to such plan, for
the outside or front elevation thereof, as the Corporation approve, and
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 115
in case the Corporation, for the space of six weeks after any plan is Sec. 61-66
submitted to them, neglect to notify their determination in writing with
reference thereto they shall be deemed to have approved of such plan.
61. Any lands purchased or taken by the Corporation and laid !'and thrown
into a street shall for ever thereafter form a part of that street and be 1bnto stbrl~et,11 to
bl. h' h e pu 10 a pu 1c 1g way. • highway.
62. The Corporation may allow, on such terms as they think fit, Buildings
any building to be set forward for improving the line of the street or may be
court in which such building is situate, provided that the same be not sfiet :orwar~ · t t' f t · ht or 1mprovmg m con r11.ven 10n o any covenan or rig . line of streets.
63. Where a building in a street or court, any part of which Projecting
projects beyond the regular line of the street or court, or beyond the houses when
front of the building on either side thereof, is burnt or taken down to ~akben dr~n k
or below half the front elevation thereof, the same shall he set back O e se 80 •
to or towards the line of the street or court, or the line of the adjoining
building, in such manner as the Corporation direct for the improvement
of such street or court, the Corporation making compensation to the
owner of such building for any loss or damage sustained by him in
consequence of his building being so set back.
[Sees. 59 of this Act and note.]
64. Any pilaster, plinth, cornice, or other part of a new building, Projec~ions
or of a new front or addition to an existing building, sha.11 not project over highor
encroach over a footway or highway, unless allowed by the Cor- ways.
poration, or beyond the distance (if any) alJowed by the Corporation.
65. The Corporation may serve notice on the occupier of any Future pro.
building to remove or alter any porch, shed, projecting window, step, jections of
cellar, cellar door or window, teagle, crane, windlass, sign, sign post, ~o~ses, &c. d
sign iro~, showbolt!d, ~indow shutter, wall, gate, or fence, or any other 0: : 0~fc~~..-e
obstruction or pr0Ject1on erected or placed after the commencement of
this Act against or in front of any building within the borough, and
being _an obstruction to the safe or convenient passage along or through
any street or court, and such occupier shall, within fourteen days after
the service of such notice on him, remove such obstruction or projection,
or alter the same in the manner required by the notice, and in default
thereof he shall be liable to a penalty not exceeding forty shillings,
and the Corporation may remove such obstruction or projection, and
the expense of such removal shall be paid by him and shall be
recoverable as damages; but except where such obstruction or
projection was made or put up by the occupier, the occupier shall be
entitled to deduct the expense of his removing or altering the same, as
required by the notice, from the rent payable by him to the owner of
the building.
[No projection of more than one foot in extent to be placed or
continued after 2nd August 1880, if in the opinion of the
Corporation it is or may become a source of danger to
passengers: Act of 1880 s. 75.] Corporation
66. If any such obstruction or projection was erected or placed may cause
against or in front of any building in any street or court before the ?xis~ing procommencement
of this Act, the Corporation may remove or alter the 3ection~ to ~e
same as they think fit, first giving notice of such intended removal or :::;::a:1Ion alteration to the occupier of the building thirty days at least before to be made.
116
Sec. 67-69
Doors and
ga.tes not to
open outwards.

Cellars, &c.
not to be
made nuder or steps, &:c.
project into
streets.
Cellar openings
to be
covered or secured.
34 & 35 Viet. H udders.field Improvement
Act 1871.
Ch. cli.
such removal or alteration is begun, and if such obstruction or
projection has been lawfully made they shall make reasonable compensation
to every person who suffers damage by such removal or
alteration.
["Fourteen" days substituted £or "thirty" days: Act of 1876
s. 88.] • . .
67. The occupiers of buildings and lands in any street shall, at
their own respectiTe expense, from time to time, within fourteen days
next after their respectively receiving notice in writing from the
· Corporation, cause all doors and gates for the time being leading into
the buildings and lands in their respective occupations (not being cellar
doors or trap doors) which open outwards, and when open project into
or over any street, to be altered so as not to open outwards into any
street, and if any such occupier fails to comply with such notice ho
shall be liable to a penalty not exceeding five shillings for every day
during which such failure continues after the expiration of the time
specified in such notice.
68. After the commencement of this Act it shall not be lawful
for any person, without the consent of the Corporation first obtained
in writing, to make or alter any cellar, arch, vault, oven, or underground
passage, or other work under any street or court, or to make
any cellar area, or cellar steps or other steps, in any street or court,
and every such cellar, work, or thing for the time being lawfully
existing shall be kept in proper repair by the owner or occupier
thereof; and if any person offends against any of the provisions of this
section he shall be liable to a penalty not exceeding five pounds, and
to a further penalty not exceeding two pounds for every day during
which such offence continues after notice thereof served on him by the
Corporation ; and in the case of a work under a street or court,
whether such a penalty has been recovered or not, the Corporation
may demolish or fill up the same and the site thereof, and make good
the street or court, and the expenses incurred thereby shall be paid
by the offender ; but nothing herein contained shall prevent the
making of any cellar, arch, vault, oven, or underground passage under
the foot pavement of any street or court, provided the same be
constructed and maintained in a secure and substantial manner, and to
the satisfaction of the borough surveyor.
[As t-0 interference with sewer by vaults or cellars 11ee s. 166 of
this Act.]
69. The owner of any building shall cause the areas of the same
fronting any street or court to be well and sufliciently guarded by a
railing or parapet or dwarf wall, of such materials, dimensions, and
form as the Corporation direct, and when any opening in any pavement
or footpath, or other entrance into any vault or cellar, for the time
being lawfully exists, a door or covering shall be made by the owner
of such vault or cellar, of iron or such other materials, and in such
manner, as the Corporation direct ; and such railing, door, or covering
shall be kept in good repair and closed and secured by such owner
(but so that nothing in this section shall vary any provision in a lease
as between the owner and the occupier), and sl1all be used by the
occupier as tl1e Corporation direct ; and if any Auch owner or occupier
fails to comply in any respect with the requirements of the present
section he shall be liable to a penalty not exceeding five pounds, and in
34& 35 Viet. H udders.field Improvement
Act 1871.
Ch. cli. 117
case of a continuing offence to a further penalty not exceeding forty See. 70-73
shillings £or every day during which such offence continues after the
expiration of a time to be determined in that behalf by the justice
before whom he is cmwicted. •
70. It shall not be lawful for any person to make, place, or Regulations
continue any socket or plughole in any causeway, highway, or thorough- ~ to sockets,
fare without the consent of the Corporation first obtained in writing, · and where any person with such consent, so makes, places, or continues
a socket or plughole he shall repair the same immediately after being
required so to do by the surveyor, and shall not at any time suffer the
same to be without plug or cover, or properly guarded, as the surveyor
directs; and if any person fails to comply in any respect with the
requirements of the present section he shall be liable to a penalty not
exceeding five pounds, and to a further penalty not exceeding forty
shillings for every day during which the offence continues after the
expiration 0£ twenty-four hours from the service of notice thereof on
l1im.
71. Every person intending to build or take down any building, Hoards to be
or to alter or repair the outward part of any building, in any street or set up during
court, shall before beginning the same cause sufficient hoards or fences pr~gr_ess of&
to be put up in order to separate the building from the street or court, bu!ldings, c.
with (i£ the Corporation so require) a convenient covered platform and
handrail to serve as a footway for passengers outside of such hoard or
fence, and shall continue such hoard or fence, with such platform and
handrail as aforesaid, standing and in good condition, to the satisfaction
of the Corporation, during such time as in their opinion the public
safety or convenience requires, and shall, when required by the
Corporation, in order to prevent accidents, cause the same to be
sufficiently lighted during the night, and i;,hall remove the same when
required by the Corporation; and if any person fails to comply in any
respect with the requirements of the present section he shall be liable
to a penalty not exceeding five pounds, and to a further penalty not
exceeding forty shillings for every day during which such failure
continues after the expiration of twenty-four hours from the service
of notice thereof on him by the Corporation.
72. It shall not be lawful for any person, without the consent of No hoard to
the Corporation first obtained, to put up or keep up in a street or be put up
court a hoard or fence or scaffold for any purpose, or any post, bar, without conrail,
board, or other thing by way of inclosure for the purpose of sent, &c.
making mortar, or of depositing bricks, lime, rubbish, or other
materials ; and if any person does anything in contravention of the
present section he shall be liable to a penalty not exceeding five pounds,
and to a further penalty not exceeding forty 11hillings for every day
during which the offence continues after the expiration of twenty-four
hours from the service of notice thereof on him by the Corporation.
73. It shall not be lawful £or any person, without the consent of Penalty for
the Corporation first obtained, to lay any building materials, rubbish, not li~hting
or other thing, or make any excavation on or in any street or court, : 0 1?~.1ts of
and when, with such consent, any person lays any building materials, m:te~i!Js or
rubbish, or other thing, or makes any excavation on or in any street excavations.
or court, he shall at his own expense (if the Corporation so require)
cause the same to be sufficiently fenced, and a sufficient light to be
:fixed in a proper place on or near the same, and to be continued every
118
See.74-77
Fencing or
land nnbnilt on.
Lines, &o, of
hoards.
Names of
streets on Ramsden
property.
34 & 35 Viet. Huddersfield Improvement
Act l871.
Ch. cli.
night from sunset to sunrise, and shall remove such materials or thing,
or fill up such excavation (as the case may be), when required by the
Corporation ; and if any person fails to comply in any respect with
the requirements of the present section he shall be liable to a penalty
not exceeding five pounds, and to a further penalty not exceeding
forty shillings for every day during which such failure continues after
the expiration of twenty-four hours from the service of notice thereof
on him by the Corporation, and the Corporation may remove any
such materials or thing, or fill up such excavation ( as the case may be),
and recover the expenses from the offender.
74. The owner of any land vacant or unbuilt on adjoining to
any street or court shall, when required by the Corporation and to their
satisfaction, sufficiently fence off the land from the street or court, and
shall afterwards keep such fence in good repair to the satisfaction of
the Corporation ; and if he fails to fonce or repair as aforesaid, within
fourteen days after notice for that purpose given to him by the
Corporation, the Corporation may fence or repair ( as, the case may
be) and charge him with the expenses of so doing, and recover the
same as new street expenses.
[See also s. 250 of this Act. These provisions are not to extend to
the open space forming the approach to the Huddersfield
Hailway Station: s. 193 of thii;i Act.]
75. Where any person under the foregoing provisions of this Act
puts up in, on, or adjoining to any street or court any temporary
hoard, fence, platform, handrail, scaffold, post, bar, rail, board, or
other thing by way of inclosure, he shall put the same in such lines as
the Corporation direct, and he shall not, without the consent of the
Corporation, cause or permit the same, or any part thereof, to be used
for the affixing of any placards, posting bills, or notices other than
those of the Corporation ; and if any person fails to comply in any
respect with the requirements of this section he shall be liable to a
penalty not exceeding five pounds, and to a further penalty not
exceeding forty shillings for every twenty-four hours during which
such failure continues after the expiration of twenty-four hours from
the service of notice thereof on him by the Corporation.
76. Sir John Ramsden may determine the name of any new street
or court formed from time to time after the commencement of this
Act on his land within the Improvement Act area, provided he fix such
name and signify it in writing to the Corporation along with the
notice for the new street to be given according to this Act.
[Extended to the whole of the Borough : Act of 1876 s. 98.]
Powertoalter 77. The Corporation may name any street or court, or any part of names of a street or court, which is without a name, or which bears two names,
streets. and and may from time to time alter the name of any street or court, or of names to be any part of a street or court (but as regards streets or courtd of which
fut up, tn! the names are fixed under the provisions of the Improvement Act of
n::3b!re~ &o 1848, or of this Act, relating to Sir John Ramsden's property, only
' · with the consent of Sir John Ramsden), and may from time to time
paint, engrave, or otherwise describe and place the name of any
street or court, or of any part of a street or court, on a conspicuous
part of any building or other erection at or near each end, corner, or
entrance thereof, and number every building or other erection therein
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 119
on the door thereof, or otherwise, as they think proper ; and if any Sec. 78-81
person wilfully destroys, obliterates, defaces, removes, or, without
the consent of the Corporation, alters any such name or number,
or any part thereof, he shall be liable to a penalty not exceeding
forty shillings, and when any such number is defaced or rubbed
out the occupier of such building or other erection shall immediately
at his own expense cause the same to be reinstated, and in case he
fails to do so for seven days after notice in writing given him to do so,
the Corporation may reinstate the same and recover the expenses from
him.
[Notice to occupier now unnecessary: Act of 1876 s. 97.]
78. The Corporation shall keep a register of all alterations made Register of
by them in the names of streets and courts, or parts thereof, in such alteration in
form as to show the date of every such alteration, and the name of the names of
street or court or part, as well before as after such alteration. streets.
IV.-NEW STREETS; IMPROVEMENTS OF STREETS;
REBUILDING OF LONG BRIDGE.
79. Subject to the provisions of this Act, the Corporation may Power to
make, in accordance with the deposited plans and sections, and mtaketnew
mamtam . . h t t h th la . . h srees t e new s ree s s own on ose p ns, compr1smg t e described, &c.
following; (namely,)
First, a street from Aspley to Leeds Road ;
S~condly, a street communicating between Kirkgate and Saint
Peter's Street ;
Thirdly, a street being a diversion 0£ Rashcliff Hill Road;
with all proper roadways, pavements, footways, sewers, drains, works,
and conveniences connected therewith.
80. On the completion and opening £or public use of the diversion Power to atop
of Rashcliff Hill Road aforesaid the Corporation may stop up and up par~ of
discontinue that portion of the same road which will be situate between ts~chff
its present junction with Woodhead Road and the point of commence- oa •
ment of the diversion aforesaid, and thereupon all public and other
rights over the portion so stopped up shall be by virtue of this Act
absolutely extinguished, and the soil of that portion shall vest in and
belong to the Corporation as part of their corporate estates.
81. Subject to the provisions of this Act, the Corporation may, in P?wer to
accordance with the deposited plans and sections, widen, alter, or ;ide~i::~e1s
otherwise improve the following streets and 1·oads; (namely), eecri ' 0 •
The streets or roads severally called or known as Shorefoot, Shorehead,
Aspley Road (including the bridge carrying the same over
the canal at Aspley), Westgate, Kirkgate, Viaduct Street, Saint
John's Road, Chapel Hill, Engine Bridge Road (including the
bridges carrying the two last-mentioned streets or roads over the
Huddersfield canal and the river Colne), Beast Market, Lowerhead
Row, Swan Lano (Lockwood), Woodhead Road (Lockwood),
and Rashcli:ff HiH Road. ·
(As to improvement of Engine Bridge : see Act of 1880 ss. 46 and
47.]
120
Sec. 82-85
As to approach
road
to canal
warehouse of
London and
Northwestern

Railway
Company.
For protection
of Huddersfield

Canal at
Engine
Bridge.
As to compensation
to
London and
Northwestern

Railway
Company.
Power to
make minor
works connected
with
new streets,
&c.
34 & 35 Viet. H udders.field Improvement
Act 1871.
Ch. cli.
82. In constructing the proposed alteration or improvement at
Shorefoot and Aspley the Corporation sl1all construct and complete in
all respects to the satisfaction of the engineer of the London and
North-western Railway Company an approach road of eighteen feet
wide to the canal warehouse and premises of the London and Northwestern
Railway Company at Aspley, commencing at the south-east
corner of that warehouse at the present level, and extending thence
at a gradient of one in eighteen for a distance of thirty yards or thereabouts to the present road leading to the wharves of the said
Company, which last-mentioned road shall be made from the point
marked D on the deposited plan to the improved Aspley Road at
Shorefoot at the gradient of one in nineteen; and the north-west
corner of the junction between the said improved Aspley Road and
the said road leading to the wharves shall be rounded off to a radius of
twenty feet so as to give a better access to the said canal warehouse
and premises; and the bridge over the canal and the towing-path at
Aspley shall be widened according to plans to be submitted to and
approved by the engineer of the London and North-western Railway
Company, and under his superintendence, and the Corporation Rhall
pay to the Company any additional expense of structural repairs of
such bridge caused by such widening.
83. In affecting the widening, altering, or improving of the street or road at Engine Bridge, including the bridge over the HudderRfield
canal aml towing-path, the canal lock at Engine Bridge shall be rnnved
to such an extent to the westward of the improved bridge as may be
necessary for the proper working of the outlet lock gates, and so that
the handle of the lock gates may work clear of the boundary wall of
the improved bridge, the removal of the present lock and the
reconstruction of the new one in its stead to be executed and completed
by the said London and North-western Railway Company at the
expense of the Corporation, and the Corporation shall pay to the
Company any additional expense of structural repairs of such bridge
causecl by such widening.
84. The London and North-western Railway Company shall be
entitled to and be paid compensation for all land and buildings which
may be taken and required for the purposes of the said improvements,
a1:id for all damages, as. well actual as consequential, which may be
sustained by them by reason or in consequence of the constructing and
effecting the said several alterations and improvements at Aspley and
Engine Bridge, such damages to be ascel'tained according to the
provisions of "The Lands Clauses Consolidation Act, 1845."
85. Subject to the provisions of this Act, and in accordance with
the deposited plans, or within the limits thereon defined, the Corporation,
in connexion with the new streets· and improvements by this Art
authorised, or any of them, and for the purposes thereof, may make
junctions and communications with any existing streets which may be
intersected or interfered with by or be contiguous to the new streets
or improvements, or any of them, and may make diversions, widenings,
or alterations of lines or levels of any existing streets, bridge~, arche~,
or works for the purpose of connecting the same with the new or
improved. streets, or any of them, or of crossing under or over the
same, or any of them, or otherwise: Provided always, that the Corporation
shall make to the owners and occupiers of and all other parties
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 121
interested in any lands or houses injuriously affected by any such Sec. 86-90
interference with or alteration of existing streets, bridges, arches, or
works, full compensation for all damage sustained by such respective
owners, occupiers, and other persons.
86. In making the new streets and improvements the Corporation Alterations of
may raise, sink, or otherwise alter the position of any sewer, drain, sewders, gas
water . . b 1 . t d . h b ·1d· an water pipe, or gas pipe e ongmg to or connec e wit any Ul mg pipes
adjoining or near to the site 0£ any new or improved street, and also · any main or other pipe laid down or 1;1sed for carrying a supply of
water or gas, and also any pipe, tube, wire, or apparatus laid down
for telegraphic or other purposes, and may remove any other obstruction,
causing as little detriment and inconvenience as circumstances
admit, and makin~ reasonable compensation for damage caused by
any such alteration.
87. I£ in the making of the new street communicating between Removal of
Kirkgate and Saint Peter's Street, and in widening Kirkgate, it is grave_s, &c.
found necessary to interfere with any of the graves or vaults of; ~ai,nt
the chul'chyard attached to Saint Peter's Church, the same shall be c:u::~
di~turbed as little as possible, and the Corporation shall, with all •
reasonable dispatch, and at their own expense, cause the remains of
any persons in any graves or vaults disturbed to be re-interred in the
said churchyard, or in the burial ground by this Act vested in the
Corporation, under the superintendence of the officer of health.
88. The Corporation and Sir John Ramsden may from time to Agreements
time make and carry into effect agreements for the contribution and with Sir John
payment of money by Sir John Ramsden to the Corporation for or ~am~den for
towards the expense of the making of the streets and improvements of 8 ree s.
streets aforesaid, or any of them, and for the free granting by Sir John
Ramsden to the Corporation of land required for the purposes thereof,
and for the application by the Corporation of such money and land
accordingly.
89. Subject to the provisions of this Act, the Corporation may Removal of
take down and remove the bridge over the river Colne, known as the Long Bridge
Long Bridge of Huddersfield, and shut up or divert its approaches as a.nd c~n- . existing at the commencement of this Act, and the Corporation may struc~1~~ of a
construct, in accordance with the deposited plans and sections, a new new ri ge.
bridge over the said river Colne, and approaches thereto, with all
proper works and conveniences connected therewith (which new bridge
shall be also called the Long Bridge of Huddersfield), and thereupon
all public and other rights over the land comprised in the approaches
so shut up or diverted shall be by virtue of this Act absolutely
extinguished, and the soil thereof shall vest in and belong to the
Corporation as part 0£ their corporate estates.
90. The justices 0£ the peace £or the west riding, on behalf of the Contribution
inhabitants of the wapentake of Agbrigg and Morley in that riding by the
shall, in pursuance of the order made in this behalf by the court of wapent~ke
quarter sessions, for that riding on the sixth day of October one of tf~ngg thousand eight hundred and sixty nine, and by means of orders in ::wardo:Iey w
quarter sessions and by estreats to be duly made and levied according bridge. ne
to law, contribute out of the rates, in the nature of county rates, upon
the said wapentake the sum of three thousand pounds towards the
expense of the construction of the new bridge approaches, and works,
and the same shall be paid to the Corporation at such time or times
122
Sec. 91-96
Approval by
west riding
surveyor of
works at
Long Bridge
and Engine
Bridge.
Cesser of
liability by
wapentlike
as to Long
Bridge.
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
during the construction or after the completion of the new bridge,
approaches, and works as the Corporation and justices of the riding in
quarter sessions shall determine and agree upon, not exceeding two
years from the completion of the bridge, of which completion a
certificate of two justices for the west riding shall be conclusive
evidence, and such a certificate any two such justices shall give on
production of proper evidence in that behalf.
91. The Corporation shall not interfere with the existing Long
Bridge, or its approaches, nor with the existing county bridge at
Huddersfield called Engine Bridge, over the said river Colne, for the
purposes of this Act, until they have obtained the approval of the
surveyor of bridges of the west riding, in writing under his hand, of
the plans and sections of the new Long Bridge, approaches, and works,
and of the alterations and works at or in connexion with the said
bridge called Engine Bridge, and all such works shall be constructed
in conformity with such plans and sections, and to the satisfaction of
the said surveyor.
92. On payment of the said sum of three thousand pounds the
common law liability of the inhabitants of the said wapentake of
Agbrigg and Morley to rebuild, maintain, and repair the Long Bridge
and its approaches shall cease.
Liability for 93. The liability for the maintenance and repair of the new Long
repair and Bridge and its approaches when completed shall be borne as follows;
maintena~ce (namely,) as to so much of the bridge and the approaches and works
of :;ew bridge thereof as is within the Improvement Act area by the inhabitants of
:;proaches. that area, and as to the residue thereof by the inhabitants of the Mold
Green district of the borough, in like manner as the liability for the
maintenance and repair of highways within that area and district
respectively is borne.
Contribution
by Sir John
Ramsden.
Crossing of
Caine during
oonstruotion.
Power to
deviate from
levels, &c.
94. The Corporation may receive from Sir John Ramsden the sum
of one thousand pounds as a contribution towards the expenses of the
construction of the new Long Bridge and its approaches and works,
and in consideration thereof and of a free grant to be made to the
Corporation by Sir John Ramsden of the land required for those
approaches, the Corporation shall without further consideration, but
at the expense of Sir John Ramsden, convey to him all lands fot·ming
part of the approaches to the Long Bridge at the commencement of
this Act, or acquired for the purposes of the new Long Bridge,
approaches, and works, and not required for those purposes, for all
the estate and interest of the Corporation therein, and all lands so
conveyed to Sir John Ramsden shall be settled to the same uses as the
land of which a free grant may be made as aforesaid by Sir John
Ramsden to the Corporation wall subject.
95. During the construction of the new bridge, approaches, and
works the Corporation shall maintain as convenient means of crossing
the river Colne as the circumstances permit.
96. In making any of the work11 shown on the deposited plans
the Corporation may deviate to an extent not exceeding three feet
from the levels shown on the deposited sections, and may deviate
laterally within the limits of deviation shown on the deposited plans,
but not further, except with the consent of the person through whose
lands any such deviation is to be made.
34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 128
97. If the works shown on the deposited plans are not completed Sec. 97-102
within ten years from the commencement of this Act, then on the Time for
expiration of that period the powers by this A.et granted to the completion
Corporation for making the same, or in relation thereto, shall cease to of works.
be exercised, except as to so much thereof as is then completed.
98. Before removing or displacing any main, pipe, plug, or other Corp?ration
work of the Huddersfield Gas Company ( except such mains pipes t? rematate . • ' ' pipes of the
or plugs as from time to time become unnecessary by reason of the Huddersfield
execution. of this Act, and which may from time to time be removed Gas Company.
by the Company at their expense, as the Corporation direct), the
Corporation shall at their own expense lay a good and su:tlicient main,
pipe, plug, or other work ( other than private service pipes the
property of the Company) proper and sufficient for continuing the
supply of gas to all the customers of the Company who are entitled
thereto, but the mains, pipes, plugs, and works shall be provided at
the expense of the Company, and all such works shall be done to the
satisfaction of the Company's engineer, and in accordance with the
Acts relating to the Company.
99. The Corporation shall make good all damage done to any Corporation
property of the Huddersfield Gas Company by the disturbance to make good
thereof, and shall make full compensation to them for any loss or damage to gas
damage which they may sustain by reason of any interference by ctoompany, antd
h C t. h · t · h h · • k compensa. e t e. orpora 10n or t e1r con ractors wit t e mams, pipes, or wor s all parties for
of the said Company, except the same arise from the wilful neglect loss by inter.
or default of the Company or the party claiming compensation. fe~nce with
mam11,&c.
V.-BUILDINGS.
[See partial exemption from these provisions of railway buildings
other than dwelling-houses: s. 193 of this Act.]
100. For the purposes of this Act any building the erection New build•
whereof is begun after the commencement of this Act shall be con- ings.
sidered a new building, and the re-erecting of any building pulled
down to or below the level of the ground floor thereof, or of any
building of which only the framework is left down to the ground floor,
or the conversion into a dwelling-house of any building not originally
constructed for human habitation, or the conversion into more than
one dwelling-house of a building originally constructed as one dwe.llinghouse
only, shall be considered the erection of a building.
[Amended and extended: Act of 1880 s. 73.]
101. For the purposes of this Act the height of the front elevation Measurement
of a building shall be measured from the level of the street or court of front
(if any) immediately adjoining the building to the eaves or square of elevation.
the building.
102. A building shall not, except with the consent of the Cor- Hei~ht of
poration, be erected on the side of any new street exceeding in height buildings in
the distance from the front of the building to the opposite side of the street.
street, nor, except as aforesaid, shall the height of any building so
erected be at any time subsequently increased so as to exceed the
height aforesaid.
124 84 & 86 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Sec.103-106 103. Every person who intends to erect a new building shall give
Notices notice to the Corporation of such intention by writing left at the
plans, &c. of surveyor's office, and shall at the same time leave there the following new building. documents; (namely,)
(1.) A drawing of the front elevation of the building on a scale of
not less than one inch to eight feet:
Approval or disapproval
by Corporation.

Effeot of
approval.
(2.) A detailed plan and section of the building on a scale of not
less than one inch to eight feet, showing the positions and
forms of the several parts and windows, and the thickness of
the walls, with figured dimensions of the several parts, the
waterclosets, privy, drains, cesspool, ashpit, well, and all
outbuildings and other appurtenances, and showing the then
and also the intended level of the ground line of the yard or
other ground belonging thereto, and the levels of the several
floors of the intended buildings :
(8.) A description of the intended mode of drainage and means of
water supply :
(4.) A block plan on a scale of not less than one inch to forty-four
feet, showing the position of all buildings within threfl foet of
each boundary of the intended building, and of its yard or
other ground belonging thereto, and the width and level of
the street:
Every such drawing, every such plan, and every such l!lection shall
contain the name and address of the person intending to erect the
building, and be signed by him or his authorised agent, and shall be
deemed for purposes of this Act part of the notice, and every such notice
shall be accompanied by a duplicate thereof, and every such drawing,
and every such plan, and every such section shall be accompanied by a
duplicate or tracing thereof, and every such duplicate or tracing shall
be retained by and shall be the property of the Corporation, and every
such notice, drawing, plan, and section shall be delivered back to the
person giving the notice, having been first stamped or otherwise marked
so as to indicatG the fact and date of the leaving of the notice, drawing,
plan, and section at the surveyor's office.
104. The Corporation shall approve or disapprove of an intended
new building within twenty-one days after receipt of the notice
required by this Act, and if they do not disapprove within that period,
then at the end of that period they shall be taken to have approved.
[" Six weeks " substituted for " twenty-one days " : Act of 1876
s. 84.] •
105. Nothing in an approval by the Corporation of an intended
new building shall be taken to authorise the erection of the building,
or the doing of anything relative thereto or in connexion therewith, in
any manner contrary to any of the provisions of this Act, or of any
byelaw thereunder, except so far as may be specially sanctioned by the
approval. ·
[Conditions or restrictions may be attached to approval: Act of
1876 B. 85.
Details and materials may be varied: s. 146 of this Act.]
Duration of 106. If an intended new building approved by the Corporation is
approval. not completed within three years from the time of approval the
approval shall at the expiration of that period cease to operate, and
fresh notice and approval shall be requisite as if notice and approTal
had never been given,
34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 125
107. The walls of every new building shall be constructed of such Sec.107-111
thicknesses as the Corporation in each case ·determine. Where not Thickness of
othenvise prescribed the outer walls shall be not less than sixteen walls, &o.
inches thick if built of stone, and nine inches if built of brick, and the
party or division walls or other walls dividing tenements shall extend
from the foundation of the building, which foundation shall rest on
solid ground, or on concrete or other solid substructure, and such party
or division walls shall be not less than twelve inches thick if built of
stone, and nine inches if built of brick, except in the case of cottage
dwellings of not exceeding ten pounds per annum rateable value, in
which case such party or division walls shall be not less than six inches
thick, whether built of stone or of brick.
108. The external and party or side walls of every new building Materials of
shall be constructed of brick, stone, or other hard and incombustible external
substances, unless the Corporation otherwise allow in cases in which it walls.
appears to them that no danger would exist of the spread of fire.
109. No joists, beams, _or other woodwork fixed in or upon any Woodwork in
external or party wall, except beams or brestsummers, and story posts external or
under the same, and frames of doors, and windows of shops, shall be party walls.
brought within four inches at least of the external £ace of such wall,
unless with the previous sanction of the Corporation.
110. The roof or flat of every new building, and every gutter, Roofs.
dormer, and other work or construction connected therewith, except
the doors, door frames, windows, and window frames of such dormer,
and other construction, shall be formed of or externally covered with
incombustible materials, except in special cases when otherwise allowed
by the Corporation.
111. The chimneys and flues of every new building shall be con- Construction
structed in such mode and of such materials and dimensions as shall of chimneys,
from time to time be determined or approved by the Corporation. &c.
Unless otherwise prescribed or ordered every chimney or flue shall be
constructed of good brickwork or stonework, and mortar well grouted,
and if circular must be formed of earthenware pipes of not less than
ten inches diameter set in mortar, and if not circular must be pargetted
with mortar, and not less than fourteen inches by twelve inches clear
interior measurement. No chimney or flue shall have angles less
obtuse than one hundred and twenty degrees, except when proper iron
or stone doors or openings are left for cleaning purposes. No timber
or woodwork shall be placed within nine inches, Ol' wooden plugs
driven nearer than six inches, of the inside face of any chimney or flue,
and no opening shall be made in any chimneys or flues for any purpose,
nor pipe for conveying smoke, heated air, steam, or hot water, fixed in
any new building, except of the materials and in the manner to be
submitted to and specially approved by the Corporation.
[It was decided in Hill v. Hall, L. R. 1 Exch. Div. 411, that this
section does not repeals. 6 of the Chimney S weepersand Chimneys
Regulation Act 1840 (3 & 4 Viet. c. 85) which enacts regulations
as to construction of chimneys and flues.
As to pipes and funnels for conveying smoke and st6am see
s. 145 of this Act.]
i26 34& 85 Viet. Huddersfield Improvement
Act 1871.
Ck. cli.
Sec.112-117 112. Every fireplace iu any room with a board floor shall have the
Construction hearth or slab of such fireplace bedded on brick, stone, or other
of fireplaces, incombustible substance, which shall be solid £or a thickness of six
&o. inches at the least beneath the upper surface of such hearth or slab,
and such slab shall extend in breadth at least six inches on each side
beyond the opening of the fireplace, and shall extend from the back of
such opening to a distance of eighteen inches at least in front of the
chimney breast.
Construction
of buildings
over roads,
&o.
Construction
of chimney
shafts.
Construction
of chimeys
for trade, &c.
113. In the case of buildings erected in any part thereof over
roads, ways, or passages, the dividing walls and chimney breasts and
flues, if any, over such roadway or passage shall in no case rest upon
or be supported by timber, but shall be arched under with arches not
less than eight inches and a half in thickness over such ways, roads, or
passages, with good sound brick or stone arches, or supported with
stone or iron supports of sufficient strength and according to the
directions to be from time to time given by the surveyor.
114. No chimney shaft of any new building shall, except with the
special approval of the Corporation, exceed the height of six feet above
the outside of the roof of such building, measuring upwards from the
centre of such chimney immediately above the roof, unless the same be
secured by sufficient iron stays of such strength and dimensions and to
be fixed in such manner as shall be approved of by the surveyor, or unless
the same be built with another chimney shaft back to back, of such
height and of such strength and dimensions as shall be approved by
the surveyor. Nor shall any such chimney shaft above such roof be of
less dimensions than twenty-two inches on any one side thereof; but
nothing in this section shall apply to the chimney shaft of any detached
building distant eighteen feet or upwards from any public street or
way, or of any steam engine or manufactory the chimney shaft of
which has been or shall be erected of such s·trength and dimensio11s and
in manner satisfactory to and approved by the Corporation.
[See Act of 1880 s. 72.]
115. The height and dimensions and structural thickness of all
chimneys intended to be erected and used after the commencement of
this Act for purposes of trade or manufacture shall be subject to the
approval of the Corporation, and shall be from time to time regulate(l
and determined by them.
[See Act of 1880 s. 72.]
Raising of 118. In case any building is after the commenceme1,t of this Act
chimneys, &o. erected or raised to a greater height than the adjoining building, and
any flues or chimneys of the adjoining building are against or in the
outer or party wall against the building so erected or raised, the
person erecting or raising such building shall, at his own expense,
build up those flues and chimneys so that the top thereof may be of
the same height as the tops of the chimneyR of the building so erected
or raised.
Oonetructi@n 117. Every oven belonging to any bake1·, and every furnace
of ovens, &c. belonging to any smith, tradesman, or artificer, shall have a protecting
wall of not less than nine inches in thickness between the fire of the
oven or furnace and the side or end wall, party wall, or outer wall, as .
the case may be, of the building in which such oven or furnace may be,
3.:1 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 127
and such protecting wall shall be so constructed and be of such height, Sec.118-122
depth, and breadth above, below, and beyond the oven or furnace as
the Corporation direct.
118. It shall not be lawful for any person to erect any new Space in_ front
dwelling-houses with their fronts facing each other separated from hf dwelling•
each other by a space of less than eight yards, or to erect dwelling- onses.
houses in a court without making or leaving a passage or entrance
to the court from a street at least three yards wide.
119. Where the backs of dwellings in one street are opposite the Passage
backs of dwellings in a street parallel or nearly parallel thereto, brbetnrrd8
there shall be ( except in special cases at the discretion of the ~ack~o~:s
Corporation) a passage or road at least twelve feet wide between · the yards of such dwellings, uncovered throughout its length, aud
communicating at each end with a street ; the entire space between
the backs of such 01)posite dwellings, including the open yards and
the passage or road aforesaid, shall be at least twelve yards wide, and
no buildings exceeding ten feet six inches in height from the level of
the ground to the ridge of the roof shall be erected on any portion of
such 'space.
120. Not more than four houses, two to front the street and two Houses in
at the back thereof, shall be built with the intended use in common pairs.
of one yard, and between every such two pairs of houses there shall
be a passage from front to back not less than the height of one
storey, and not less than three feet six inches wide, leading from the
street into the yard. In every such yard there shall be for each
house one privy, and one a!lhpit for each two privies, and every such
yard shall be surrounded with a wall at least four feet high.
121. Every new building intended to be used as a dwelling-house Open !!pace
shall have in the rear or at the side thereof an open space adjoining !'-bout dwell•
and belonging exclusively thereto and co-extensive with the breadth of mgs.
the entire building to the extent of at least one fourth of the whole
site, free from any erections thereon above the level of the ground,
( other than privies, ash pits, coal-houses, or other conveniences for the
use of such dwelling-house, being as to height, position, and dimensions
erected and approved by the Corporation,) except where on account of
thorough ventilation of such open space being secured, or of other
special circumstances stated in the order, the Corporation think fit to
allow a less space. The distance across such open space between
every such dwelling-house and the building or property on the
opposite side of such open space shall be not less than ten feet at all
points in the case of one-storey houses, and fifteen feet in the case of
two-storey houses, and twenty feet in the case of three-storey houses,
or houses of more than three storeys above the level of the ground.
122. The last foregoing section shall not extend to a building Certain
erected after the commencement of this Act, for the purpose of being dwelling•
used as a dwelling-house, on the site of a dwelling-house existing at houses
the commencement of this Act, but with respect to such buildings the excepted.
following provisions shall have effect; (namely,)
Where at the time of the taking down of the dwelling-house
existing at the commencement of this Act there is such an extent
of open space as required by that section, or a greater extent, such
building shall have the same open space in the rt>ar or at the side
thereof as so required :
128 34 & 85 Viet. Huddersfield bnprove11ient
Act 187 l.
Ch. cli.
Sec.123-127 Where at that time there is not such open space, then the open
space - in the rear or at the side thereof, shall not be less than
that which existed at the time of such dwelling-house being
taken down.
Continuance 123. Whenever any open space has been left belonging to any
of open space. building for the erection of which the approval of the Corporation
has been obtained, such space shall never afterwards be built on so
as to leave a less open space than that shown on the deposited plan
approved by the Corporation, without their further approval.
Continuance
of space for
old dwelling.
houses.
Buildings in new streets.
Height of rooms.
Windows in rooms.
124. With respect to dwelling-houses existing at the commencement
of this Act the following provisions shall have effect ;
(namely,)
Where such a dwelling-house has an open space belonging to it
not greater than that required by this Act for new dwelling-houses,
that space, or any part thereof, shall never be built on without
the approval of the Corporation :
Where such a dwelling-house has an open space belonging .to it
greater than that required by this Act for new dwelling-houses,
that space, or any part thereof, shall never be built on so as
to leave for that dwelling-house a less open space than that
required by this Act for new dwelling-houses, without the
approval of the Corporation.
125. Before any dwelling-house is inhabited in a new street the
street shall be formed, drained, and metalled to the satisfaction of
the Corporation to such extent as the Corporation direct, according
to the circumstances of each case ; and if any person allows or causes
any dwelling-house to be inhabited in contravention of this section
he shall be liable to a penalty not exceeding five pounds, and to a
further penalty not exceeding forty shillings for each day during
which the offence continues after the expiration of forty-eight hours
from service of notice thereof on him by the Corporation.
[Drainage must be completed and house approved by Corporation
as fit for habitation before occupation : See. s. 135 of this Act ;
Act of 1876 s. 94.]
126. Unless tlie Corporation otherwise allow, in every new
building every room used as a dwelling or sleepin~ room below or
partly below the level of the ground sl1all be in every part thereof
eight feet six inches in height at least from the floor to the ceiling,
and every other room so used, except rooms in the roof, shall be in every
part nine feet in height at least from the floor to the ceiling, and
every room in the roof so used shall be at least seven feet in height
from the floor to the ceiling through not less than one half the area of
the room.
127. In a new building every room used as a dwelling or sleeping
room shall have at least one window, and the total area of glass in the
windows, clear of the frame and sash, shall be, unless in any case the
Corporation otherwise determine, at least one tenth of the area of the
room, and the top of one at least of the windows shall not be less than
seven feet six inches above the floor, and in case of a sash window the
upper half at least shall be made to open the full width, and in case of
a casement window one half at least shall be made to open.
34& 35 Viet. H udders.field Improvement
Act 1871.
Ch. cli. 129
128. Every public building, school, shop, and factory erected after Sec.128-138
the commencement of this Act shall be supplied with means of Ventilation
· ventilation ~irproved by t~e Corporation, and every roo'.11 _in any house of public
or other bmldmg used after the commencement of this Act as a day buildings.
school shall, unless supplied with special means of ventilation to the
satisfaction of the Corporation, be so used, subject to the following
regulations; (namely,) if the room is less than eight feet six inches in
height from the floor to the ceiling, the space for each scholar shall be
nine superficial feet at least, and if it is eight feet six inches or
upwards in height, the space for each scholar shall be eight superficial
feet at least.
129. Every new building intended to be used as a place of public Oonatrnotion
amusement or entertainment, or for holding large numbers of people of buildings
for any purpose whatsoever, shall in its apparatus or means of pro- for public
visions for lighting and warming, and for prevention of or precautions ~nsement,
against lire, and in the number and dimensions of its entrances, Atair- ·
cases, and means of access or of egress in case of fit·e, as well as its
ventilation and means of supplying fresh air, be subject to the approval
of the Corporation. In all such public buildings the doors shall be
made to open outwards or in the direction of egress, but the outer
doors shall not extend over the footway of any street.
[Extended and Corpomtion empowered to execute works in
default: Act of 1882 s. 38.]
130. Every room used as a dwelling or sleeping room built after Ventilation of
the commencement of this Act of less area than one hundred super• habitable
ficial feet, and without a fireplace, shall be provided with special means rooms.
of ventilation by air shaft or otherwise, as the Corporation determine.
131. Where a new building intended or adapted for a dwelling- Prevention of
house is erected on land on which no dwelling-house had been damp fr~m
previously erected, or on land theretofore used either as garden ground foundationa.
or as a yard, or on maiden soil, then ancl in each of those cases, unless
the Corporation otherwise order, the soil must be excavated and
removed to the depth of fifteen inches at least from the :floor line, and,
if required by the Corporation, a layer of concrete, clinkers, or other
proper hard material of the thickness prescribed by the Corporation
shall be spread thereon and well rammed before the floor is laid, and,
unless the Corporation otherwise order, every new house shall have a
course of blue bricks or slate set in cement, or of lead, or of other
impervious material for the prevention of damp, laid immediately above
the ground line on each external wall.
132. In any building erected after the commencement of this Areas to be
Act, in which the floor of any room or cellar intended to be used as a open.
dwelling or sleeping room is below the street or ground level, there
shall be an open area not less than three feet wide from a level six
inches below the floor level of such room or cellar to the ground or
street level for the whole extent of such room or cellar, but this
section shall not be taken to prevent :my archway or covering from
being laid across such area for the purpose of an approach to the
doorway or windows of such house.
133. The level of the ground floor of every dwelling-house built Level of
after the commencement of this Act shall be at least twelve inches ground floors.
above the highest level of the footway or road adjoining or near the same.
130 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Sec.134-140 134. All houses and buildings (whether erected after the cornDrainage
of mencement of this Act or not) which in the opinion of the Corporation
buildings. are without sufficient drainage shall be drained in the most effectual
manner practicable, an,l the mode of drainage, and all materials
intended to be used in the construction of the drainage of buildings,
shall be subject to the approval of the Corporation.
Occupation of 135. A new house shall not be occupied until the house drainage new houses. is completed, nor until the house has been approved by the Corporation
as in every respect fit for human habitation.
Construction
of honse
drainage.
[See s. 125 of this Act; also Act of 1876 s. 94.]
136. The drains of all houses and buildings shall consist of
glazed, socketed, stoneware, or fireclay pipes, or other equally suitable
material in the judgment of the Corporation, of not less than
six inches diameter interior measure, and shall be connected with
the sewers in such manner as the surveyor directs. They t1hall be
laid with water-tight joints, and shall be embedded in lWl.d surrounded
with well-puddled clay. No right angle junctions, whether vertical or
horizontal, shall be formed.
Ventilation of 137. Proper ventilation shall, if required by the Corporation, be
houRe provided in the drainage of every house by means of the rain-water
drnina!(e. pipe, or by special pipe or shaft, or by such other method as the
Corporation directs. All other inlets to the house drains shall be
properly trapped by means of syphon traps.
Drainage or 138. The house drainage shall be so constructed, either with
suheoil, &c. additional earthenware pipes or otherwise, as to drain tl1e subsoil of
the buildings whenever the dampness of the site appears to the
Corporation to make this necessary, and all rain water shall be so
drained or conveyed from the roofs, cornices, ancl other parts of
buildings as to prevent its dripping on to the ground, or causing
dampness in the walls, or being a nuisance to passengers.
Construction
of waterclosets,
&c.
139. There shall be at least one watercloset or privy, and one
ashpit, for every two dwelling-houses. The situation, dimensions,
materials, and construction of every watercloset and privy shall be
subject to the approval of the Corporation, and every waterclot1et or
privy shall have an opening of at least twelve square inches as near to
the top as practicable communicating directly with the external air, or
shall be otherwise furnished with sufficient means of ventilation, and
every watercloset shall have a ventilating pipe carried from the soil
pipe to the roof of the building.
[As to rooms over privies, see Act of 18'76 s. 95.]
Earth-closets 140. Any provision of this Act, or of any other Act in force in
mayincertain the borough, requiring the construction of a watercloset, shall, with cases be con. the approval of the Corporation, be satisfied by the con~truction of
~tr~ct:d f an earth-closet or other place for the reception and deodorization
::t::.cl~sets of frecal matter made and used in accordance with any rPgulation · from time to time issued by the Corporation, and the Corporation
may, as respects any house in which such earth-closets or other places
as aforesaid are in use, with their approval, di8pense with the supply
of water L·equired by any contract or enactment to be furnished to the
waterclosets therein on such terms as may be agreed on between the
Corporation a-nd the person providing the earth-closet.
34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 131
141. A cesspool shall not be allowed for a new house, except Sec.141-146
when unavoidl),ble, when it shall be constructed in such 8ituation and Construction
in such manner as the Corporation direct. It shall in every case be of ceBspools
made water-tight. It shall be arched or covered over, and a pipe or &c. '
shaft for ventilation shall be carried up from it, or from the drain
communicating with it, from the watercloset or privy.
142. I£ at any time it appears to the Corporation on the report Certain
of the surveyor that any building is used or intended to be used as waierolosets
a factory or workshop, or place in which persons of both sexes are ;~ru~tc~n:
employed or intended to be employed at one time in any manufacture, factor!s 1
:c.
trade, or business, the Corporation may, if they think fit, by notice '
served on the owner or on the occupier thereof, require him, within a
time specified in the notice, to construct such number of waterclosets
or privies and urinals for the separate use of each sex as the Corporation
direct; and if any person neglects or refuses to comply with any such
notice he shall for every such offence be liable to a penalty not
exceeding twenty pounds, and to a further penalty not exceeding
forty shillings for every day during which the offence continues after
the expiration of forty-eight hours from service of notice thereof on
him by the Corporation.
148. The situation, dimensions, materiahl, and construction of Construction
every ash pit shall be subject to the approval of the Corporation, and of ashpits, &c.
shall be of sufficient size to contain the ashes and dry refuse likely to
accumulate between the prescribed visits of the scavengers.
144. If any person covers any dwelling-house, or any building Prohibition
adjoining to any other building, either wholly or in part with straw, of thatch.
thatch, or other combustible material, he shall be liuble to a penalty
not exceeding ten pounds, and the Corporation may order such straw,
thatch, or other combustible material to be removed by the owner of
such building, and in default the Corporation may remove the same
and recover the expenses of so doing from such owner.
145. From and after the commencement of this Act no pipe or Restrictions
funnel for conveying smoke or steam shall at any time be newly fixed as J~pipe!
against any building next to any street or court, or on the inside afon nnney~ g
f b 'Id· h · • h . b h r conve 1n o any U1 mg, nearer t an mne me es to any tim er or ot er smoke.
combustible material, nor shall any funnel built or made of brick or
stone, or both, be newly placed on the outside of any building next to
any street or court so as to extend bflyond the general line of the
buildings in the street or court ; and if any pipe or funnel is fixed or
placed contrary to this Act, the occupier, or in case of there being no
occupier, then the owner of the building to which the same belongs,
shall within fourteen days next after notice served on him by the
Corporation cause the same to be removed, and on default shall be
liable to a penalty not exceeding ten shillings a day for every day
during which such default continues after the expiration of the time
specified in such notice.
146. The Corporation may vary, as they think fit, the intended Power to.
details and materials of any new building so as to make the l!ame va1;y ~etails of
accord with the provisions of this .A.et, and of any byelaw thereuuder, bmldmgs, &c.
or with the requirements of public health and safety.
132 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch.cli.
Sec.147-151 147. The surveyor may at any reasonable time inspect any
building in progress of construction, or any work connected therewith,
Power of but the owner or his agent, or the builder, shall give forty-eight hours inspection.
Survey on completion
of works.
Notice in case of i rre- gnlari ty.
Penalties
relative to new buildings.

Respecting
existing contracts
for
building.
notice in writing to the surveyor before the commencement of the
building, and before any foundation of a new building or any sewer or
drain is covered up, and the like notice after any work required by the
Corporation to be done in amendment of any irregularity has been
completed, a.ud before the same is covered up.
[Powers of entry and inspection : ss. 304-5 of this Act ; Power of
inspection extended : Act of 1876 s. 90.]
148. Within fourteen days after a building has been completed
the owner shall give notice thereof to the surveyor, and the surveyor
shall forthwith proceed to survey it, and shall report to the Corporation
thereon.
149. If in the erecting of a building, or the execution of any
work connected therewith, anything is done in contravention of this
Act, or anything required by this Act is omitted, the surveyor may,
within forty-eight hours after obtaining knowledge thereof, give to
the owner of the building or his agent, or the builder, notice in
writing requiring him, within a time specified in the notice, to amend
what has been so done in contravention, or to do what is so required ;
and if any such owner or builder fails to comply in any respect with
the requirements of the present section he shall be liable to a penalty
not exceeding five pounds, and to a further penalty not exceeding forty
shillings for every day during which such failure continues after the
expiration of a time to be specified in that behalf in the notice .
. 150. If any person begins to erect a new building without giving
the notice required by this Act, or before the expiration of twenty-one
days from the receipt by the Corporation of that notice, if given, or the previous approval of the Corporation, or begins to erect a new
building which ha.s been disapproved by the Corporation, or, after
the Corporation has approved of a new building, make!', either before or after completion thereof, any alteration in the whole or in any
part thereof so approved, without further previous a})proval by the
Corporation of the alteration, or does anything in contravention of
this Act, or omits to do anything required by this Act, or by the
Corporation or surveyor under the authority of this Act, with reference
to a new building, he shall be liable to a penalty not exceeding five
pounds, and in case of a continuing offence to a further penalty not
exceeding forty Hhillings for e\'ery day during which such offence
continues after the expiration of twenty-four hours from service of
notice thereof on him by the Corporation.
[Corporation empowered to alter works of a street or building
improperly executed: Act of 1876 s. 91.
Information in respect of breach of any provision of this
section must be laid within three calendar months of discovery
and within two years of the breach: Act of 1876 s. 96.]
151. Nothing in this Act or any byclnw thereunder shall make
void any agreement in writing entered into before the commencement
of this Act for erecting or altering any building, but the same may be
performed with such alterations as may be rendered necessary by this
Act or any such byelaw, and as if such alterations had been stipulated
34 & 35 Viet. Huddersfield improvement
Act 1871.
Ck. cli. 133
for in such agreement, and the difference between the cost of the work Sec.152-1&4
according to the agreement, and the cost thereof as executed according
to this Act or any such byelaw, shall be ascertained by the parties to
the respective agreements, and paid for or deducted, as the case may
require, and in case of dispute such difference shall on the request of
either varty (notice being given to the other) be decided by the
surveyor, and for his trouble in making such decision each party shall
pay to hirn such surn not exceeding twenty shillings as the Corporation
direct.
152. Where under a lease or agreement £or a lease any person Alteration of
has before the commencement of this Act covenanted or agreed to ~o~tJ:Wts for
erect a building, such building shall be built according to the provisions m mg.
of this Act as if this Act had been passed and in operation at the time
of the making of such lease or agreement, and as if the same had been
made subject to this Act, and that without either varty being entitled
to any compensation.
VI.-BYELAWS AS TO STREETS AND BUILDINGS.
[See partial exemption from byelaws made under this Act of
railway buildings other than dwelling-houses : s. 193 of this
Act.]
163. Subject to the express provisions of this Act, the Corporation Power to
may from time to time make byelaws for all or any of the following 1
make b!teh.
( h • ) aws w1
purposes ; t at 1s to say, respect to
For laying down regulations with respect to the level, width, and str.ee~s, new
construction of new streets and courts, and the provision to be buildings, &c.
made for the drainage thereof :
For laying down regulations with respect to the structure of walls
of buildings for securing stability and tht1 prevention of fire :
For laying down regulations with respect to the sufficiency of the
space about buildings to secure a free circulation of air, and .with
respect to the ventilation of buildings :
For laying down regulations with respect to the drainage of
buildings, and to waterclosets, privies, ashpits, and cesspools in
connexion with buildings, ancl to their situation :
[Also " For prescribing and regulating the size, position,
" construction and nature of privies, ashpits and depositories
"of frecal matter and refuse": Act of 1876 s. 99 (8).]
But not so as to affect by any byelaw, for any of the purposes
aforesaid, any building not being a new building within the meaning
of this Act.
154. Subject to the express provisions of this Act, the Corporation Power to
may from time to time make byelaws for all or any of the following 1
make ~ye(
I . ) aws with
purposes; t 1at 1s to say, respect to
For regulating the thickness and construction of walls of or near ne!' ~od old
ovens and furnaces built, or wholly or partially rebuilt, after the bmldmgs.
commencement of this Act:
For closing buildings or parts of buildings unfit for human habitation,
and for prohibiting the use thereof for human habitation :
[See ss. 191 and 192 of this Act.]
i34 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch.cli.
Sec.155-157 For prohibiting the occupation, as a dwelling or sleeping room, of
any room any portion whereof extends immediately over any privy,
ashpit, midden, or cesspool, or for enforcing the removal or
alteration of such privy, ashpit, midden, or cesspool :
Provisions in
byelawsfor
notices, &c,
Sewers and
works vested
in Corporation.

[See Act of 1876 s. 95.]
For compelling owners of buildings in streets to provide and keep
proper spouts, troughs, and pipes to carry off water from the roofs
and other external parts thereof:
And byelaws for purposes of this section may a:ffect any building,
whether new or not.
155. Subject to the express provisions of this Act, the Corporation
may provide for the observance of any byelaws made under the two
last foregoing sections by inserting therein such provisions.as they
think necessaryAs
to the giving of notices ;
As to the deposit of plans and sections by persons intending to lay
out streets, or to construct or alter buildings;
As to inspection by the Corporation ;
And as to the power of the Corporation to remove, alter, or pull
down any work begun or done in contravention of such byelaws.
VII.-SEWERS; SANITARY ARRANGEMENTS.
156. All existing and future public sewers within the borough, and
all existing and future sewers in and under the streets and courts,
with all the works and materials thereunto belonging, whether made or
provided at the cost of the Corporation, or otherwise, and the entire
management of the same, with the appurtenances, shall vest in and
belong to the Corporation, and the Corporation shall maintain, cleanse,
and flush the same.
Power to con. 157. The Corporation may from time to time make the sewers
strnct sewers necessary for the effectual sewerage of the borough, and convert any
within or open drains or watercourses into sewers, and construct all works :~ii::h. necessary for cleansing or flushing sewers, and may make any such
sewers under the streets in the borough, and if needful, they may carry
sewers through and across underground cellars and vaults under any
streets in the borough, doing as little damage as may be, and making
full compensation for any damage done, and they may continue sewers
to the most convenient site for the collection of sewage, and the
disposal thereof by sale for agricultural or other purposes, or otherwise,
but so that the same in no case become a nuisance, and so that no site
for the collection of sewage or the disposal thereof shall be taken without
the previous consent in writing of the owner of such site; and if
for effecting any of the purposes aforesaid the Corporation deem it
expedient to carry or construct any sewer or work under, through, or
on any road, thoroughfare, or place beyond the borough, or through,
under, or on any lands within or beyond the borough, the Corporation
may so carry or construct the same accordingly, and remove all
obstructions thereon or thereunder, making full compensation to the
owners and occupiers of any such lands.
[As to conversion of foul brooks into sewers: See Aot of 1876
s. 92.]
34 & 35 Viet. Huddersfield lmprovenient
Act 1871.
Ch. cli. 135
158. The Corporation, for the purpose of clearing, cleansing, and Sec,158-162
emptying the sewers belonging to them or under their management, n· .. f · · t t d l ·th b d 18pos1t1on rom time to time m_ay con_s rue ar: p ace, e1 er a ove or un er of sewage.
ground, such reservoirs, slwces, engmes, and other works as may be
necessary, and may cause all or any of such sewers to communicate
with and be emptied into such places as may be fit and necessary, and
may cause any sewage or refuse therefrom to be collected for sale for
any purpose whatever, and may contract with any company or persons
for the sale of sewage or for the distribution of it over any lands, and
may contract for, purchase, or take on lease any lands, buildings, engines,
materials, or apparatus for the purpose of receiving, storing, disinfecting,
or distributing sewage, and may exercise the powers given by tl1is
sec_tion either within or beyond the borough, but not so as to create a
nmsance.
[Corporation empowered to use lands at Deighton for purposes
of this section : Act of 1880 s. 100 and .Fourth Schedule
Part II.]
159. The Corporation may from time to time, for the parpose of Oontract for
utilising sewage, agree with any person as to the supply of such supply of
sewage, and works to be made for the purpose of that supply, and the sewage.
parties to execute the same, and to bear the costs thereof, and the sums
of money, if any, to be paid for that supply; and the Cor1:oration may
contribute to the expense of the carrying into execution by such
person of all or any of the purposes of such agreement, and may
become shareholders in any company with which any agreement in
relation to the matters aforesaid is entered into by the Corporation, or
to or in which the benefits and obligations of such agreement is
transferred or vested; and all expenditure in consequence of the
exercise of the power conferred by this section shall be deemed to
have been incurred by the Corporation in the construction or due
maintenance of the necessary sewers for carrying away sewage, and
shall be provided for accordingly ; but no contract shall be made under
this section for the supply of sewage for a period exceeding twenty-five
years.
160. The Corporation may deal with any lands held by them for Power to deal
the purpose of receiving, storing, disinfecting, or distributing sewage with Ia1:d
in such manner as they deem most profitable, either by leasing the :ipropnated
same for a period no! exce~ding fourteen years for agricultural pur- pu:;::!~
poses, or by contractmg with some person to take the whole or a part
of the produce of such lands, or by farming such lands and disposing
of the produce thereof, subject to this restriction, that in any
appropriation of such lands provision shall be made for receiving,
storing, disinfecting, or distributing all the sewage which it is the duty
of the Corporation to cause to be disposed of in that manner.
161.- Nothing in the foregoing provisions contained shall authorise Nothing in
the Corporation to do or be party to any act or thing amounting to a Actthto. . au or1se a nmsance. nuisance.
162. It shall not be lawful for any person to came or suffer any Prohibition
refuse from any manufactory or work that would bo destructive of or ?fthrowing
injurious to vegetation, or that would otherwise interfere with the mjuriou~
utilization of the sewage of the borough, to flow or to pass "into any matter 1~~0
f th C t. . fl . t d . h I sewers, ..,.,, sewer o e orpora ion or to ow or pass rn o any ram, c anne , or
watercourse communicating with any such sewer, in such manner that
i36 34 & 35 Viet. Hudderdield Improvement
Act 1871.
Ch. cli.
Sec.163-166 the same will be carried by, through, or out of such drain, channel, or watercourse into any such 8ewer; and if any person is guilty of any
act or omission in contravention of this section he shall be liable to a
penalty not exceeding twenty poundr<, and in case of a continuing
offence to a further penalty not exceeding forty shilli11gs for every day
during which such offence continues after the expiration of a time to be
determined in that behalf by the justicn before whom he is convicted :
Powerto
enlarge or
demolish
sewers.
Provided that any perrnn cl1arged with an offence against this section
shall not be convicted thereof, if he shows to the satisfaction of the
justice before whom he is charged that he has duly used the best
known practicable means of depriving the refuse from his manufactory
or work of qualities that would make it destructive of or injurious to
vegetation, or likely to otherwise interfere with the utilisation of the
sewage of the borough.
163. The Corporation may from time to tinw, as they see fit,
enlarge, alter, divert, and otherwise improve all or nny of the sewers
vested in them or constructed bv them, and under their control, and if
any such sewer at any time app~ars to them to have become useless,
they may, if they think fit, demolish and discontinue it, but not so as
to create a nuisance ; and if by reason of the exercise of the powers
of the present section any person is deprived of the lawful use of any
sewer, the Corporation shall provide some other sewer as effectual for
his use as the one of which he is so deprived.
Compensation 164. If the owner or occupier of any lands is injuriously affected
for workR_con- by the exercise of the powers relative to sewers by this Act conferred
neoted with on the Corporation, the Corporation sl1all pay to him compensation in sewers. £ respect thereo .
Penalty for
making un.
authori,ed
draine.
165. If any person not authorised by the Corporation makes any
sewer or drain into any sewer of the Corporation he shall be liable t.o
a penalty not exceeding five pounds, and the Corporation may cause
such sewer or drain to be re-ma.de, as they think fit, and nmy recover
from him the expenses of so doing; and where any person is entitled
to have a communication of a sewer or drain made into a sewer of the
Corporation, such communication shall be made only by the Corporation
at the expense of the person so entitled, and the amouut of the
expense, as estimated by the surveyor, shall be paid to the Corporation
before the work is commenced, and the Corporation shall restore to
the person paying the same any surplus, and may recover from him any
deficiency, as respectively ascertained on the completion of the work.
Buildings 166. No building shall be erected over any sewer belonging to the over sewers Corporation without their consent first obtained in writing, and all
not to be vaults, arches, and cellars lawfully made under any street shall be
made wir,hout substantially made, and so as not to interfere or communicate with any
ginsent t sewer of the Corporation ; and if after the commencement of this Act
orpora ion. any building is erected, or any vault, arcli, or cellar is made in contravention
of the pro.visions herein contained, the Corporation may
demolish or fill up the same, and the expenses incurred thereby shall
be paid by the person erecting such building or making such vault,
arch, or ~ellar.
[As to va.ults and cellars under streets : see s. 68 of this
Act p. 116.]
34 & 35 Viet. Huddersfield Improvement
Act 187 l.
Ch. cli.
167. Where any person is the owner or occupier of any building See.167-173
or lands outside the borough in respect of which he would not be S
liable to the payment of rates under this Act, he may, with the conse~t bewerds mbay f } C · fi 1. • d • • • h f e ma e y o tie orporation rst outame Ill wr1tmg, on payment to t em o a owners and
reasonable sum of money, periodically or in gross, to be agreed on, occupiers of
have a communication into a sewer of the Corporation of any sewer 01· land beyond
drain for the purposes of his buildings or lands aforesaid that may be borough.
lawfully made therefrom ; but nothing in this Act shall affect any
right acquired by such owner or occupier independently of this Act to
use any sewer of the Corporation.
168. If it appears to the Corporation that any building or land Deduction
ffi was . I d . d b f th . £ I 'd from rate su cient y mmo e ore e construct10n o any new sewer a1 fo b ·ia·
down by tht Corporation, they may deduct from the ra~cs otherwise ~en;ci~:~iy chargeable m respect thereof such a sum and for such time as under drained.
all the circumstances of the case they deem just.
169. If any person throws or permits to fall into any sewer or Penalty on
drain any cinders, ashes, bricks, rubbish, stone, earth, or other like thro~fo~
substance, he shall be liable to a penalty not exceeding forty shillings, rubbish rnto
d h C . h d . d sewers. an t e orporat10n may remove t e samo an repair any amage
caused thereby, and recover the expenses of so doing from the offender.
170. All sewers and drains, whether public or private, shall be All sewers,
provided by the Corporation or other persous to whom they severally &c. to be
belong with proper traps or other coverings or means of ventilation c~v:red so as to prevent stench. wit traps.
171. The Corporation shall require the owner of every house Corporation
within the borough to which no sufficient privy and ashpit with proper may require
door and coverings is attached to provide, where it appears to them that ohwnerstof
h . h f th h . d h . . h ouses o t ere 1s room enoug or e purpose, sue pnvy an as pit, m sue provide
situation, not disturbing any building then already ereeted, as the priviee and
Corporation deem necessary for the use of the inmates and occupiers ashpits for
thereof, and the owner shall, within one month after service of such the same.
requisition, provide the &ame ; and every such privy and ashpit shall
be constructed to the satisfaction of the Corporation so as effectually
to prevent the escape of the contents thereof ; but where a privy or
ash pit is used in common by the inmates and occupiers of two or more
houses the Corporation may, if they think fit, dispense with the
provision of a privy or ashpit for each houEe.
[Penalty for permitting ashpit &c. used in common to be a nuisance : Act of 1880 s. 88.]
172. All drains, privies, ashpits, and cesspools shall be under the Drains,
survey and control of the Corporation, and shall be altered, repaired, Privies, &o.
and kept in proper order, as directed by the Corporation, by and at to be under
the expense of the owners of the lands and buildings to which the iontrol ~-f
same belong, or for the use of which they are constructed or continued. orpora ion.
[Corporation may order alteration of privy, tub-closet, ashpit, or
other like accommodation according to such system as they may
approve, and may order any cesspool injurious to health to be
closed or disused: Act of 1880 s. 71.]
173. The Corporation may by notice require the owner of any Connexion
building or lands (not being lands used exclusively for agricultural of. drains
purposes) in their opinion insufficiently drained to construct a drain in with sewers.
138
Sec, 174
Provisions
respectiog
construction
of drains.
34& 35 Viet. H udders.field Improvement
Act 1871.
Ch. cli.
such position, of such si~e and materials, and at such levels, as seem to
the Corporation sufficient for the purpose of effectually draining the
same; and if the Corporation have a suitable sewer, or the right to use
such a sewer, within one hundred feet from such building or the
boundary of such lands, they may require such owner to connect his
drain with that sewer, or if they have not any suitable sewer or right
to use such a sewer within that distance, then to connect it with some
proper receptacle, not being underneath a house, and not being at a
greater distance than the one hundred feet aforesaid; and the owner
shall keep such drain in repair, and from time to time cleanse the
same, to the satisfaction of the Corporation : Provided that nothing in
this section shall make it obligatory on any such owner to acquire any
land or easement for the purpose of constructing any drain or
receptacle, or of connecting any drain with any sewer.
[" One hundred and fifty feet" substituted for" one hundred feet"
in this section: Act of 1876 s. 89.
Excavations to be drained before erection of buildings, if
sewer within one hundred and fifty feet: Act of 1876 s. 87.
As to contribution by owner to cost of sewer constructed
after 1876 within one hundred and fifty feet of his building:
see Act of 1876 s. 86.]
174. With respect to the construction of drains, the following
provisions shall have effect; (that is to say,)
(1.) Where the owner or occupier of any house or building, in
consequence of notice from the Corporation, or otherwise,
constructs and lays down a drain from such house or
building, the Corporation shall superintend and control the
construction and laying down thereof, and as far as the
same passes under any street or road shall construct and lay
the same:
(2.) The expenses incurred by the Corporation in the construction
and laying of such drain shall be ascertained and certified
by the surveyor, and the Corporation shall order payment
thereof by the owner of such house or building either in
one sum or more sums, and at such time or times, as thev
think fit, and in default of payment according to such order
the same shall be recoverable by the Corporation, and the
production of a copy of such order certified under the hand
of the town clerk, with proof of delivery of a copy of such
order at the dwelling-house or last known place of abode of
the person to be charged therewith, shall be prima facie
evidence of the liability of such person to pay the amount
therein specified :
(3.) Provided that nothing in this section shall empower the
Corporation to require such owner or occupier to construct
and lay down a drain if there is not a sewer of the Corporation,
or a sewer which they are entitled to use, within one
hundred feet from some part of the house or building, or to
order payment of the expenses of constructing and laying
down any portion of a drain lying beyond one hundred feet
from some part of such house or building.
[" One hundred and fifty feet" substituted for "one hundred
feet" in this section: Act of 1876 s. 89.]
34 & 35 Viet. Huddersfield Improvement
Act 187 l.
Ch. cli. 139
175. When in the opinion of the Corporation there is reasonable Sec.175-177
ground to believe that the drainage of any building or of any lands Power to
(not being lands used exclusively for agcicultural purposes) is defective, enter and
and in any cas~ where the drains for any building or lands pass through inspe~t
any other building or lands, the surveyor or sanitarv inspector may, prem~8':8 to
between the ho_urs of eight o'clock in the morning and six o'clock in::::: ;;n the evening, enter on and inspect any such building or lands, and if drainage, &o.
need be make such excavations or examination thereon or therein as he
thinks fit with a view of ascertaining the state of the drainage thereof,
and of any privy, ashpit, or cesspool belonging thereto or used by the
occupiers thereof, doing as little damage as possible ; and if on such
inspection the same is found satisfactory the Corporation shall reinstate
all parts of the building and lands disturbed or excavated, and shall
make compensation for any injury occasioned by the excercise of such
powers ; but except in case of urgent necessity no such entry and
mspection shall be made, save with the consent of the occupier or
person in charge of the premises, or with the authority in writing of
a justice, which authority any justice may give.
176. The Corporation and any other body being a sewer authority Power to
within the Sewage Utilisation Act, 18~5, or any Act amending the same, 8?~er :,uth0•
may combine together for the purpose of executing and maintaining ;;;::ine
any works that may be £or the benefit of their respective districts, · and all money which they agree to contribute for the execution and
maintenance of such common works shall, in the case of the borough,
be deemed expenses of the execution of this Act, and in the case of
the sewer authority be deemed expenses incurred by them in the
execution of works within their district, and shall be raised accordingly.
[The Sewage Utilization Act 1865 was repealed by the Public
Health Act 1875. By s. 818 of the latter Act, its provisions
were substituted for the same or similar provisions of the Acts
repealed thereby.]
177. The Cor))Oration may, with the consent of the local board of Power for
any district adjoimng to the borough, or with the consent of any place Corporation
maintaining its own poor adjoining to the borough, do or execute in to 8 ke<:ute
that district or place any work or thing which the Corporation may do :~:i:i:g
or execute within the borough, on such terms, as to payment and other places.
things, as may be agreed on, subject and according to the following
provisione ; (namely,)
(1.) Any money agreed to be paid by a local board under this
section shall be payable out of the general district rates
leviable by them, and any money agreed to be paid by any
local authority of any such place under this section shall
be payable out of the rates leviable by that authority for the
expenses of executing the Nuisances Removal Act, 1855,
or other rates leviable by them :
(2.) The consent of any such place to any work or thingjroposed
to be done under this section shall be signifie in the
manner in which the consent of that place to the adoption
of the Local Government Act, 1858, would under that Act
be properly signifit;d :
(8.) Where the expenses of any such work or thing would, if it
had been executed in the district of a local board under
the powers of the Local Government Act, 1858, have been
140
Sec.1'18-182
Powers of
.Act cumulative.

34 & 35 Viet. Huddersfield improvement
Act 1871. . Cli. cli.
recoverable from owners or occupiers, the same shall be
recoverable by the local board or local authority of the
district or place respectively from such owners or occupiers:
(4.) The local board or local authority shall make all such compensation
to owners or occupiers and others injuriously
affected by any work or thing done or executed under this
section as a local board is liable to make in case of works
executed under the powers of the Local Government Act,
1&58, the amount thereof to be determined in manner
provided by that Act.
[The Nuisances Removal Act 1855 and the Local Government
Act 1858 were repealed by the Public Health Act 1875 : see
note to s. 176 0£ this Act,]
178. All powers given by this Act shall be deemed to be in addition
to and not in derogation or any other powers conferred on the
Corporation in relation to sewers by A.et of Parliament, law, or custom,
and the Corporation may exercise such other powers as if this Act had
not been passed.
Pow~r t~ 179. For the purpose of collecting and depositing nightsoil, dung,
pro11vidt~ or& ashes, and other filth and rubbish, the Corporation may provide horses, co ec ion, c. d . 1 d th h. d h b of night-soil. carts, ust boxes, imp ements, au o er t mgs, an may pure ase y
Occupiers to cause foot.
ways to be
swept.
agreement or hire any ·lands or buildings, and may erect any new buildings or alter any existing buildings, but such collection and
deposit shall be so made and at such places as not to create a nuisance.
180. The occupiers of buildings and lands (not being arable,
meadow, or pasture land, or a nursery or market garden) in every
street or court shall once in every day (Sundays excepted), before
eight of the clock in the forenoon of each day, cause to be swe:i?t and
cleansed the footways and pavements in front or at the side of their
respective buildin/?s and lands; and if any such occupier makes default
herein he shall for every such offence be liable to a penalty not
exceeding five shillings, and for this purpose, where a house is let in
separate apartments, the person letting such apartments shall be
deemed the occupier.
Power to 181. The Corporation shall, either £or the whole borough or for
appoint or any parts or part thereof as they from time to time think fit, make
contract with provision for the sweeping, .cleansing, and watering of the streets and
scavengers. footways, and for the carrying and removing of snow, ice, dirt, du~t, dung,
cinders, ashes, rubbish, filth, and soil away therefrom, and from houses,
and for emptying privies, cesspools, and ashpits, but so that nothing in
this Act shall authorise the Corporation to carry away or remove any
dung from any stable or cowshed without the consent of the occupier
thereof ; and if any contractor with the Corporation for the purposes
aforesaid, or any of them, or any person employed by or acting under
any contract or agreement with him, fails in any respect properly to
perform the stipulations of any such contract the contractor shall be
liable to a penalty not exceeding five pounds, and each instance of such
failure in respect of any or every street, footway, house, privy, cesspool,
Dirt, &c.
collected by
scavengers
vested in
Corporation.
ashpit, or place shall be deemed a separate offence.
182. All dirt, dust, dung, nightsoil, ashes, rubbish, or filth collected
or removed by the Corporation shall be the property of the Corporation,
and may be sold or disposed. of by them.
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 141
183. If any person not being a scavenger employed by or con- Sec.J83-188
tracting with the Corporation, and not having obtained their consent P lt' · · 1 ] 't ·1 h ena tea on empties any privy, cesspoo , or as 1p1 , or removes any s01 or as es other persona
therefrom, or from any receptacle for soil or ashes communicating than scaven- therewith, or from any street, he, and also any person employing him gers
for that 1mrpose, shall be liable to a penalty not exceeding forty en;pJying
shillings; but nothing in this section shall prevent the occupier of the prmes, &c.
house with which such privy, cesspool, or ash pit is used from emptying
the same, or removing soil or ashes therefrom, in order to use the soil
or a!<hes on any garden or land occupied by him, provided he uses the
same accordingly.
184. H the Corporation do not, within seven days after notice in Penalty on
writing from tbe occupier of any house in any part of the borough in Corporation
which the Corporation undertake the scavenging requiring them tu for 1;ot
emptv any privy, cesspool, or ash pit belonging to such house, or used ca~18!0 g&
b h. . . h £ h t b . d h pr1vies, c. y t e mmates or occupiers t ereo , cause t e same o e emptrn , t e to be emptied.
Corporation shall pay to the occupier of the premises a sum not
exceeding ten shillings for every day during which such default
continues after the expiration of the said seven days.
185. The Corporation may make a reasonable char~e on the Charge for
o. ccupier of. the building to which a privy, cesspool, or ash pit belongs empt_yiog for the emptying of the same. ashpits, &o.
186. The Corporation may from time to time make byelaws for Power to
all or any of the following purposes; (namely,) make bye- . Jaws for
For regulating the cleansmg and keeping clean of privies, and the regulation of
times and mode of removal of the contents of privies, cesspools, scavengers
ash pits, and receptacles for soil and ashes: &c.
For regulating the conduct of the scavengers, and for prescribing
whether they shall wear any aml what badges, and for punishing
extortion, imposition, misconduct, or misbehaviour in them.
187. The Corporation may pt·ovide, cleanse, and mrrintaiu 1:111ch Public privies
public privies aml urinals in or near public streets or courts or other and urinals.
public places as they deem expedient, and (by agreement) in or near any private buildings or lands. •
[ Extended to public waterclosets and lavatori~s : Act of 1880 s. 78.
Corporation empowered to make byelaws as to user of public
waterclosets: Act of 1880 s. 79.]
188. The Corporation may order the occupier of any inn, public- Urinals
house, beerhouse, eating-house, cook-shop, or other plaee of public attach•id to
entertainment built before or after the commencement of this Act, to public-houses
provide :md maintain at a place belonging to or occupied by him, to be &c.
selected by the Corporation upon or adjoining to his premise~, urinals
to the satisfaction of the Corporation; and if any person fails in any
respect to comply with the provisions of the present section he shall be
liable to a penalty not exceeding five shillings for every day during
which such failure continues after the expiration of fourteen days from
the service of such order on him, and the Corporation may order the
owner and occupier of any building or lands to remove any urinal
belonging thereto where it appear:,1 to them so situated or constructed
as to be a nuisance or offensive to public decency, or otherwise
objectionable.
142 34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Sec.189-191 189. If any nuisance or annoyance to the inhabitants of the
P to d 1 borough arises or exists in or upon any building, or the curtilage
w~;e!uiaa.::e thereof, situated partly within and partly without the borough, the on premiseti Corporation shall have, in respect of such building and curtilage, and
partly within the owner and occupier thereof, such and the like powers as they would
a~d partly have had if the whole of such building aud curtilage had been within witbout the borough. borough.
Cleansing 190. In case any watercourse, brook, ditch, drain, pool, reservoir,
water-courses or other accumulation of water is or forms part of the boundary line
&o. form_ing between the borough and any adjoining township or place, and in the
::::~188 of opinion of t~e Corporat~on requires to be drained, clea~sed1 scoured,
g · deepened, widened, straightened, covered over, or otherwise unproved,
the Corporation and the local authority (mentioned in the Nuisances
Removal Act for England, 18n5, or any Act amending that Act) of
such township or place may enter into an agreement for the execution
of such works, and for the payment of the expenses of and incident to
the same ; and if no agreement is made, the Corporation may summon
such local authority to appear before two justices, not being members
of the council, to show cause why an order should not be made by such
justices for executing such permanent or other structural works in
relation to the watercourse, brook, ditch, drain, pool, reservoir, or accumulation of water, as may appear to the justices necessary, and
such justices, after hearing the parties, or ex parte in case of the
default of any of them to appear, may make such order with reference
to the execution of such works, and may determine by whom the same
shall be executed, and by whom and in what proportion the expenses
of the execution thereof (such expenses to include compensation to
any person for any damage he may sustain in or by reason of the
execution of such works) shall be paid, and also the amount, time, and
mode of payment of such expenses, and the same shall be paid
accordingly, and in default of payment such sum may be levied upon
the goods and chattels of such local authority by distress and sale
thereof.
Buildings
unfit for
l!tabitation.
[The N ui@ances Removal Act for England 1855 was repealed by
the Public Health Act 1875: see note to s. 176 of this Act.
As to protecting watercourses from encroachment obstruction
or pollution: see s. 299 of this Act ; also Act of 1880 ss, 86
and 87.
As to cleansing covering &c. of foul brooks in the borough :
see Act of 1876 s. 92.]
191. In any case where it is certified to the Corporation by the
officer of health of the borough, or by the surveyor, or by the sanitary
inspector, or by any two registered medical practitioners, that any
building or part of a building, including any building belonging to a railway comp:my in the borough, is unfit for human habitation, the
Corporation may, by their order affixed conspicuously on the building or part of the building, declare that the same is not fit for human
habitation, and shall not after a date therein specified be inhabited;
and no person after the date or time mentioned iu surh order shall
let or occupy, or continue to let or occupy, or knowingly suffer or permit to be occupied, such building or part of a building ; and if any
person act(' in any respect in contravention of this provision he shall be
liable tJ a penalty not exceeding ten pounds, and to a further penalty
not exceeding forty shillings for every day during which such offence
34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 143
continues : Provided that if at any time after such order is made the Sec. 192
Corporation are satisfied that such building has become or being
rendered fit for human habitation, they may revoke their order, and
the same shall henceforward cease to operate, and so toties quoties :
Provided always, that the Corporation shall not make any such order
in respect of or affecting any building or part of a building belonging
to a railway company, unless and until the railway company shall for a period of one month after they have been served with notice requiring
them to render such building fit for human habitation have failed to do
so. Every such notice shall be in writing, and shall be delivered or
sent by post addressed to the secretary of the railway company, at
their principal office or place of business.
[Power to make byelaws for closinr buildings unfit for human
habitation : see s. 154 of this Act.]
192. For preventing the use for human habitation of any under- Restrictions
ground room unfit for that purpose (and which expression "under- in us~ for
ground room" means for the purposes of this enactment, every cellar, dwthngs of d
vault, or room which has more than one half of its height below the ; 0n0 ;:~groun
level of the adjoining street or ground), the following provisions shall
have effect; (namely,)
[ "Unfit for human habitation " in this section means " unfit for
human habitation as a separate dwelling": Act. of 1876 s.
93.]
(1.) It shall not be lawful for any person to let or suffer to be
occupied, orto occupy as a separate dwelling, any underground
room not so let or occupied before the commencement of this
Act, and if any person acts in any respect in contravention
of the present provision he shall be liable to a penalty not
exceeding ten pounds :
(2.) In case at any time after the commencement of this Act it
appears to the Corporation that any under-ground room
occupied as a separate dwelling, having been so occupied
before the commencement of this Act, is unfit for human
habitation, regard being had to the mode of its construction /
and to its condition, or to the supply or want of sanitary or
other conveniences to be used therewith, the Corporation
may, by order served on the owner and occupier thereof,
order that the occupation thereof as a separate dwelling be
from the expiration of one month from the service of such
order discontinued :
[See form of order: Fourth Schedule No. 6.]
(8.) If an owner appeals against any such order, the occupation as
a separate dwelling of the under-ground room to which the
order relaks need not be discontinued until the expiration of
four: een days after the confirmation of the order of the
Corporation, unle~s such appeal ceases to be prosecuted :
(4.) If any person lets or knowingly suffers to be occupied, or
occupies as a separate dwelling, any under-ground room after
the time when the occupation thereof as a separate dwelling
ought to be discontinued according to the provisions of this
Act, he shall be liable to a penalty not exceeding twenty
shillings for every day during which the offence continues ;
but any.owner shall not be liable to such penalty in respect
144
Sec.193-195
Exemption
of certain
railway
buildings
from opera•
t.ion of Act.
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
(5.)
of any time after he has given notice to his tenant to quit
and deliver up possession of such under-ground room, and
has ceased to receive or claim any rent for the hire or
occupation thereof, and the burden of proving such notice,
and that he has ceased to receive or claim any rent as aforesaid,
shall be on the owner: ·
On the application of the Corporation, and proof of the order
for the discontinuance of the occupation as a separate
dwelling of any such under-ground room, and proof that no appeal in relation thereto is pending, any justice may order
the occupants of such under-ground room to be removed, and
any constable may enter therein, and do or assist in doing all
matters and things necessary for that purpo~e; and in the
event of access thereto for that purpose bt·ing refused any
justice may grant a warrant £or forcibly entering therein ;
and if any person resists or wilfully obstructs any constable
in the execution of his duty under the present eection he
shall be liable to a penalty not exceeding twenty pounds.
198. The provisions of this Act with respect to buildings, and the
regulations with respect to buildings contained in any byelaw made
pursuant to.this Act shall not extend or apply to any building other
than a dwelling-house belonging to or used or intended to be used
and occupied by a railway company or companies for the purposes of
their business, except with respect to the height and construction of
chimneys, and the drains and other sanitary details of such buildings,
the lines of such buildings where the same adjoin or abut upon a
street or court; and the provisions of this Act with respect to the
paving and improving, aud alterin~ levehi of streets, courts, and of
other places, and of fencing in land built or unbuilt on, shall not extend
or apply to the open space belonging or cla.imed to belong to the
London and North-western lfailway Company and Lancashire and
Yorkshire Railway Company situate in front of the Huddersfield
railway station, and forming the approach to that station, nor to any
road within the curtilage or boundary of the same station.
(Bys. 21 of this Act railway premises outside the Improvement
Act area having no communication with a street on which the
same abut, are not to be deemed to be in such street for the
purposes of this Act; see also Act of 1880 s. 73.]
Quantity of 194. It s
1
hall_ not be lawful for an~ person hto suffber1 any lodger~
airforlodgers to use as a ti eepmg room any ·room 111 any ouse e ongmg to or occupied by him, unless there are in such room t!iree hundre<I cubic
feet of space at least for every person at any time using it as a sleeping
room; and if any person offends against this enactment he shall be
liable to a penalty not exceeding fol'ty shillings, and to a further
penalty not exceeding twenty shillings for every day during which
such offence continues.
Regulations
as to lodging
houses.
195. 'l.'he provisions set forth in the third schellule to thi11 Act
1,1hall have effect as if they were enacted in the body of this A.et, with
respect to houses or parts of houses let iu lodging .. or occupied oy
members of more than one family; but nothing in this section or those
34& 35 Viet. H udders.fie! d Improvement
Act 1871.
Ch. cli. 145
provisions shall apply to common lodging houses within the Common Sec. 196
Lodging Houses Act, 1851, or any Act amending the same.
[The Common Lodging House~ Act 1851 is repealed by the
Public Health Act 1875, the provisions 0£ which are by virtue
of s. 313 substituted for the same or similar provisions of the
Act repealed. See now Public Health Act 1875 ss. 76-89.]
VIII.-PROTECTION OF WORKS.
196. Nothing in this Act shall authorise the Corporation, except Saving for
as regards works shown on the deposited plans, and except as regards ~nices, canals
public sewers,- c.
(1.) To use, injure, or interfere with any sluices, floodgates, sewers,
or other works made before or after the commencement of
this Act under the authority of any Commissioners of
Sewers appointed by the Crown, or any se\Vers or other
works made before or after the commencement of this Act,
and used for the purpose of draining, preserving, or
improving lands under any local or private Act of Parliament,
or for the purpose of irrigating lands, without consent
in writing first obtained from such commissioners, or from
persons acquiring rights under such local or private Acts
respectively; and nothing in this Act shall affect rights,
privileges, powers, or authorities given or reserved to any
person by or under such local or private Acts ;
(2.) To interfere with any river, canal, towing-I,>ath, dock, harbour,
lock, reservoir, or basin so as to inJuriously affect the
navigation thereon or the use thereof, or to interfere with any
towing-path so as to interrupt the traffic thereof, in cases
where any corporation, company, undertakers, commissioners,
conservators, and trustees or individuals are by virtue of
any Act of Parliament entitled to navigate onoruse such river,
canal, towing-path, dock, harbour, lock, reservoir, or basin,
or in respect of the navigation ou or use of which river,
canal, towing-path, dock, harbour, lock, reservoir, or basin,
any corporation, company, undertakers, commissioners,
conservators, and trustees or individuals, are entitled by
virtue of any Act of Parliament to the receipt of any
tolls or other dues ;
(3.) To interfere with any watercourse or stream in such manner as
to injuriously affect the supply of water to any river, canal,
dock, harbour, reservoir, or basin in cases where any
corporation, company, undertakers, commissioners, conservators,
trustees, or individuals (being authorised by virtue
of any Act of Parliament to navigate on or use such river,
canal, dock, harbour, reservoir, or basin, or to demand any
tolls or dues in respect of the navigation on or use of such
river, canal, dock, harbour, reservoir, or basin) would if
this Act had not been passed have been entitled by law to
prevent or be relieved against such interference (provided
that in this section the term watercourse shall not be deemed
to include any sewer of the Corporation) ;
(4.) To interfere with any bridge crossing any river, canal, towingpath,
dock, harbour, or basin in cases where any corporation,
146 34& 85 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Sec,197-198 company, undertakers, commissioners, conservators, trustees, or individuals are authorised by virtue of any Act of
Parliament to navigate or use such river, canal, towingpath,
dock, harbour, or basin, or to demand any tolls or
dues in respect of the navigation or use of such river, canal,
towing-path, dock, harbour, or basin ;
(5.) To execute any work in, through, or under any wharves, quays,
docks, harbours, or basins to the exclusive me of which any
corporation, company, undertakers, commissioners, conservators,
trustees, or individuals are entitled by virtue of
any Act of Parliament, or £or the use of which they are
entitled by virtue of any Act of Parliament to demand any
toll~ or dues ;
(6.) To interfere with any railway, railway viaduct, bridge, tunnel,
water pipes, or other works of any railway company ;
without the consent in every case of such corporation, company,
undertakers, commissioners, conservators, trustees, or individuals,
expres~ed in writing, in the caE<e of a corporation under their common
seal, and in the case of a company, undertakers, commissioners,
conservators, trustees, or individuals, under the hand of their clerk or other duly authorised officer or agent.
Certain
sewerage 197. In executing any works of public sewerage affecting any
works to be railway or railway works, canal, or towing-path, the same shall be
eir:ecnted to executed according to plans to be submitted to and approved by the
sati~faction of engineer for tbe time being of such railway or canal company affected
engmeer of thereby, to the satisfaction of such engineer and under his
company . d
affected. supermten ence.
Works interfering
with
improvement
of rivers, &c.
referred to
arbitration.
198. Where any matters or things (other than works shown on
the deposited plans) proposed to be done by the Corporation, not
being within the prohibition aforesaid, interfere with the improvement
of any river, canal, towing-path, dock, harbour, lock, reservoir, or
basin which any corporation, company, undertakers, commi~sioners,
conservators, trustees, or individuals are entitled by virtue of any Act
of Parliament to navigate on or use, or in respect of the navigation
whereon or use whereof to demand any tolls or dues, or interfere with
any works belonging to such river, canal, towing-path, dock, harbour,
or basin, or with any lands necessary for the enjoyment or improvement
thereof, the Corporation shall give to such corporation, company,
undertakers, commissioners, conservators, trustees, or individuals as
last aforesaid a notice specifying the particulars of the matter<'! and
things so proposed to be done, and if the parties on whom such notice
i1; served do not consent to the requisitions thereof the matter in
difference shall be referred to arbitration, and the following questions
shall be decided by such arbitration; (that is to say,)
(1.) Whether the matters or things so proposed to be done by the
Corporation will cause any injury to such river, canal,
towing-path, dock, harbour, basin, works, or land, or to the
enjoyment or improvement of such river, canal, towing-path,
dock, harbour, or basin :
(2.) Whether any injury that may be caused by such matters or things, or any of them, is or is not of a. nature t-0 admit
being fully compensated by mgney.
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 147
199. The result of any such arbitration shall be final, and the Sec.199-202
Corporation may or shall (as the case may require) do as follows; Effect of
(that is to say,) arbitration.
If the arbitrators are of opinion that no injury will be caused, the
Corporation may forthwith proceed to do the proposed matters and
things:
If the arbitrators are of opinion that injury will be caused, but that
such injury is of a nature to admit of being compensated by
money, they shall proceed to assess such compensation, and on
payment of the amount so assessed, but not before, the Corporation
may proceed to do the proposed matters :
If the arbitrators are of opinion that injury will be caused, and
that it is not of a nature to admit of being compensated by money,
the Corporation shall not proceed to do any matter or thing in
respect of which such opinion is given:
Provided always, that any matters and things so to be done affecting any
railway or railway works, canal, or towing-path, shall be executed only
accordin~ to plans to be submitted to and approved by the engineer
for the Lime being of the railway or canal company affected thereby,
to the satisfaction of such engineer and under his superintendence.
200. Subject and without prejudice to the stipulations of any Power for
agreement, any corporation, company, undertakers, commissioners, company to
conservators, trustees, or individuals owning or authorised by virtue of alter sewer••
any Act of Parliament to use any railway, or to navigate on or use any
river, canal, towing-path, dock, harbour, or basin, or to demand any
tolls or dues in respect of the navigation on such river, canal, or
towing-path, or the use 0£ such railway, dock, harbour, or basin, may
(except as regards any work shown on the deposited plans), at their
own expense, and on substituting other sewer<!, drains, culverts, and
pipes equally effectual, and certified as such by the surveyor to the
Corporation, and executed under his superintendence, take up, divert,
or alter the level of any sewers, drains, culverts, or pipes constructed
by the Corporation, and passing under or interfering with such railway,
rivers, canals, docks, harbours, or basins, or the towing paths of such
rivers, canals, docks, harbours, or basins, and do all such matters and
things as may be necessa1-y for carrying into effect such taking up,
diversion, or alteration.
201. Except as provided by this Act with respect to works shown Preserving
on the deposited plans, nothing in this Act shall authorise the Cor- water righ~•
poration to injuriouslv affect any reservoir, river, or stream, or the of .
0 ~1!1~:ni~s
feeders of any reservoir, river, or stream, or the supply, quality, or fall orm ivi ua 11•
0£ water contained in any reservoir, river, or stream, or feeders of any
res(•rvoir, river, or stream, in cases where any company or individuals
would if this Act had not passed have been entitled by law to prevent
or be relieved against the injuriously affecting such reservoir, river,
stream, feeders, supply, quality, or fall of water, unless the Corporation
have first obtained the consent in writing 0£ such company or
individuals so entitled as aforesaid.
202. Any difference of opinion that may arise between the Arbitration
Corporation and any such corporation, company, commissionns, questions
conservators, trustees, or individuals as aforesaid, whether any sewers, ?-0 der p~eceddrains,
culverts, or pipes substituted under the powers of this Act for ing sections.
148 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Sec.203-205 sewers, drains, culve-rts, or pipes constructed or laid down by the
Corporation are equally effectual with those for which they are
substituted, or whether the supply, quality, or fall of water in any such
reservoir, river, or stream as last aforesaid is injuriously affected by
the exercise of powers under the foregoing provisions of this Act,
shall be determined by arbitration in like manner, and the arbitrators
shall decide the like questions as to the alleged injury, and the Cor•
poration may or shall (a;i the case may require) proceed in the like way
as in this Act provided with regard to arbitrations in cases of alleged
injury to rivers, canals, towing-paths, docks, harbours, and basins.
IX.-LIG HTING.
Power to 203. The Corporation may from time to time contract with the
oootraot for owners of any gasworks, or with any other person, for lighting the
anpply of gas. streets and courts of the borough, or any of them, with gas, and for
Power to
agree for
porohaae of
gas under.
takings.
Power to
purchase
lands for
formation of
parks, e.nd to
form pe.rke,
&o.
providing for that purpose lamp posts, burners, pipes, and other
apparatus, and for the repair thereof, or for any of those purposes, for
Emch term, in such manner, and on such terms as may be agreed on.
[Undertaking of the Huddersfield Gas Company transferred
to Corporation by Indenture dated 15th March 1872.
Undertaking of Moldgreen Gaslight Company Limited, trans•
£erred to Corporation by Indenture dated 13th March 1874.
See Act of 1876 Preamble and ss. 84-7.]
204. The Corporation on the one hand, and any company or
persons having power to supply gas within the borough on the
other hand, may from time to time mutually enter into and carry into
effect such agreements as they think fit for the purchase by and sale
to the Corporation of the undertakings, works, and property of such
company persons as aforesaid in consideration of the payment of
a sum in gross or by way of annuity, and on completion of any such
purchase the Corporation shall by virtue of this Act have all the
powers and authorities for or relating to the manufacture and supply
of gas in the borough vested at the time of the purchase in the
company or persons from whom the purchase is made; but nothing in
this Act shall authorise the Corporation to manufacture or store gas
on any lands other than those on which gas is at the time of the
purchase authorised to be manufactured or stored by the selling
company or persons, or to supply gas to public lamps or private
consumers within the. limits of the "Huddersfield Gas Act, 1861,"
without the consent in writing of the Huddersfield Gas Company.
X.-PARKS; TOWN HALL AND PUBLIC BUILDINGS;
TELEGRAPHS; PUBLIC CLOCKS.
205. The Corporation may from time to time pur<'hase by agreement,
or take at a rent, or on lease, any lands within the borough to be
appropriated for the purposes of a park or parks, or a place or places
of public resort or recreation, or the enlargement or improvement
thereof, or of the approaches thereto, and for the purposes of any such
park or place construct, enlarge, maintain, and repair or take down
such buildings, walll'<, and fences as they think proper, and stop up and
diRcontinue any footpath, road, or way in, upon, through, or over any
lands forming part of any such park or place, and level, drain, Rewer,
34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch.cli. 149
pave, flag, gravel, lay out, plant, or otherwise improve every such park Sec.206-207
or place, and do such other acts as appear necessary to the Corporation,
with a view to the proper formation, maintenance, improvement, use,
and enjoyment of every such park or place.
[This section applied to Beaumont Park : Act of 1880 s. 10.]
206. The Corporation may from time to time make byelaws for Power to
all or any of the following purposes relating to any such park or pla.ce ;naket byeof
public resort or recreation as aforesaid; (that is to say,) ;:;:la~fon of
For appointing and regulating keepers or servants employed therein : parks, &o.
For regulating the days on and hours at which the same is to be
opened and closed :
For regulating the conduct of persons frequenting the same :
.For· regulating the days on and hours at which games and
gymnastics are to be permitted therein, and the particular parts
or places for the same :
]for regulating the days on and hours at which bands of music, or
music of any sort, are or is to be permitted therein :
For regulating refreshment rooms therein, and for determining the · days on and hours at which they are to be opened and closed, and
the nature and prices of the articles to be sold therein :
For preventing or regulating the admission therein of dogs:
For preventing males from intruding on or using playground or
other places therein set apart for the use of females, and vice versa:
For preventing or regulating the admission therein of vehicles and
horses:
For protecting from injury buildings, terraces, fountains, bridges,
walks, seats, fences, and other parts of or things belonging to the
park or place, and £or preventing the destruction or injury of
aquatic or other birds, or of other animals, or of trees, shrubs,
plants, or flowers, or the plucking of :flowers or leaves therein:
For enabling the servants of the Corporation to exclude therefrom
persons not being clean, or not being dressed in clean and decent
clothes, and to remove therefrom persons begging or guilty of a
breach of any byelaw relative thereto, or of any public law.
[This section applied to Beaumont Park : Act of 1880 s. 10.]
207. The Corporation may take down and remove any buildings Power to
at the commencement of this Act belonging to or used by them for provide town
purposes of the Corporation under the Municipal Corporations Acts hall, courts,
or otherwise, and may build on the site thereof, or on other land gaols, &o.
belonging to or held by them, a town hall and borough or sessions
courts, police courts, gaols, station houses, and other public offices
and buildings, and may from time to time enlarge and improve the
same, and furnish and fit up the same with all proper furniture and
conveniences, and may Jet or allow the use of any hall or public
building for the time being belonging to them for such purposes and
on such conditions as they think fit, if and when the same are not
required £or purposes of the Corporation, and may dispose, by sale,
lease, or otherwise, of the sites of buildings belonging to them at the
commencement of this Act, or so much thereof as is not required for
new buildings, and may dispose of the materials of buildings when
150 84& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Sec.208-211 taken down, or may dispose, by sale, lease, or otherwise, for their
estate or interest, of buildings belonging to or used by them at the
commencement of this Act, and not required for purposes of the Corporation,
without taking down and removing the same: Provirled
always, that the existin~ gaol shall not be taken down or disposed of
by the Corporation until they have provided a new one.
Power to
establish
telegraphs.
208. The Corporation may from time to time establish and
maintain such telegraphs as they think expedient or necessary for the
better execution of any of the powers or authorities for the time being
vested in them, and in relation to any such telegraphs, for the purposes
of the 'l'elegraph A.et, 1863, the Corporation shall be in the like
position in all respects as a company authorised by special Act of
Parliament to construct and maintain telegraphs would be or might
have been under that Act, so, however, that it shall not be requisite
for the Corporation to give any notice respecting the opening for the
purpoties of telegraphs of any street or court under their own management;
but nothing in this Act shall authorise the Corporation to work
telegraphs in consideration of money payment, or for any purpose
other than the execution of their powers and authorities aforesaid, or
so as to interfere in any way with any telegraphs in the possession or
under the eontrol of the Postmaster General.
PowPr to 209. The Corporation may from time to time provide, place, and
providepublic light such clocks as they consider expedient in, on, or against any
clocks. public building, or, with the consent of the owner and occupier, in, on,
or against any private building, or, with the consent of the incumbent
and churchwardens, or of the trustees, in, on, or against any church or
chapel.
Power to
establish
public
libraries, &c.
Management.
of libraries,
&o.
XI.-LIBRARIES; MUSEUMS; SCHOOLS OF SCIENCE
AND ART.
210. The Corporation from time to time may erect any buildings
suitable £or public libraries or museums, or both, or public schools for
science and art, or either of them, and apply, take down, alter, and
extend any buildings for such purposes, and rebuild, repair, and
improve the same respectively, and fit up, furnish, and supply the same respectively with all requisite fittings, furniture, and conveniences.
['fhe provisions of any Act authorising the levying of rates for
these _purposes not to apply to the borough: see s. 334 of
this Act.] ·
211. The general management, regulation, and control of such
libraries, museums, and schools shall be vested in and exercised
by the council, or such committee as the council think fit from time to
time to appoint, (the members or some of the members whereof need
not, if the council so think fit, be members of the council,) who may
from time to time purchase and provide the necessary fuel, lighting,
and other similar matters, books, newspapers, maps, and specimens of
science and art for the use of the library, museum, or school, and cause the same to be bound or repaired when necessary, and appoint
salaried officers and servants and diijmiss the same, and make rules and
regulations for the safety and use of the libraries, museums, and
schools, and for the admission of the public.
34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 161
212. AU property presented to or purchased by the Corporation Sec.212-215
for any . such library, museum, or school shall be vested in the Libraries, &c.
Corporation. to vest in
Corporation,
Xll.-PUBLIC BATHS AND WASH-HOUSES, &c.
213. The Corporation may maintain the baths already established Pow?r to
by them, and may (if they think fit) from time to time purchase, by provide ba.th8•
agreement, or take a lease of any baths and wash-houses established &c.
before or after the commencement of this .Act otherwise than by the
Corporation, and appropriate the same to the purposes of public baths
and wash-houses, with such additions or alt€rations as they deem
expedient, and may from time to time enlarge the same, and may from
time to time erect or otherwise provide and may maintain buildings
suitable for public baths and wash-houses, or either of them, with or
without open drying grounds, and convert any buildings into such
baths or wash-houses, and make any open bathing places, and alter,
enlarge, repair, and improve the same respectively, and fit up, furnish,
and supply the.same respectively with all requisite fittings, furniture,
and conveniences; and the trustees of any baths and wash-houses
established or provided by private subscriptions or otherwise
may, with the consent of the majority of the committee or other
persons by whom they were appointed trustees, sell or lease the same
to the Corporation, or make over to them the management thereof, on
such terms as may be agreed on.
[The provisions of any Act authorising the levying of rates for
these purposes not to apply to the borough: see s. 334 of this
Act.]
214. The Corporation may from time to time, with respect to Power to
public baths, wash-houses, and bathing places provided by them or fake/ye.
under their management, make byelaws £or all or any of the following r:;!1a~fon of
purposes; (namely,) baths, Ao.
For securing that the baths and wash-houses and bathing places be
under the due control of the officers and servants of the Corporation,
and for determining their duties :
For securing adeqmtte privacy to persons using the baths, washhouses,
and bathing places, and providing security against accidents
to persons using the bathing places :
For securing that men and boys above eight years old bathe
separately from children eight years old or under, and from
women and girls :
For preventing damage, disturbance, interruption, drunkenness, and
indecent and offensive language and behaviour and nuisances :
For determining the charges for the use of the baths, wash-houses,
and bathing places. ·
215. The officers and servants of the Corporation may detain Recovery or
clothes brought to be washed, or other goods, of any person refusing charges at
to pay any charge to which such person is liable for the use of the waeh-housea.
wash-houses of the Corporation till full payment thereof is made, and
in case such payment is not made within seven days after the same
becomes due may sell such clothes or goods, or any of them, returning
the surplus proceed of such sale, (after deducting the unpaid charge,
152 34 & 35 Viet. H udders-field Improvement
Act 1871.
Ck. ctL
Sec.216-221 and the expenses of detention and sale,) and any unsold articles, on
demand, to the owner or the person by whom the same were brought
to be washed.
Power to 216. Whenever any baths or wash-houses or bathing places
discontinue established by the Corporation, having been carried on for one year
bll.~hs, 1t°· or upwards, are determined by the council to be unnecessary or too b~l;:gs &o expensive to be kept up, the Corporation may discontinue the same or
' · any part thereof, and sell or dispose of the same or any part thereof.
Power to con- tinue police
court, &c.
XIII.-POLICE.
217. The Corporation may continue and maintain the police
court and all offices and stations, and may from time to time enlarge
the same, and provide and maintain additional courts, 1.1tations, and
watch-houses, lock-up houses, and other places necessary for police
purposes, and furnish and :fit up the same.
Constables 218. A constable shall not be at liberty to resign his office, or to
n?thto resign withdraw himself from the duties thereof, unless expressly allowed to
wit ~it leave do so in writing by the watch committee certified under the hand of
or no ce. the chief coni;,table, or unless he gives to the chief constable one
month's previous notice in writing of his intention; and if any con•
stable so resigns or withdraws himself without such leave or notice he
shall be liable to forfeit all arrears of pay then due to him, or to pay
a penalty not exceeding five pounds, or, in the discretion of the justice
before whom he is convicted, to be imprisoned for any term not
exceeding fourteen days.
Penalty on constable for
neglect of
duty.
Power to
chief con• 11table to
suspend oon- 11tables.
Constables
suspended or
dismissed to
deliver np
a.ocontrements.

219. If any constable is guilty of any neglect or vfolation of duty
in his office he 1:1hall be liable to a penalty not exceeding ten /.ounds,
or, in the discretion of the justice before whom he is convicte , to be
imprisoned for any term not exceeding one month, with or without
hard labour.
220. The chief constable may, subject to the approval of the
watch committee, suspend any constable from the exercise of his office
for such time as the chief constable thinks fit, for breach of discipline,
or neglect or violation of duty, or grave misconduct, and if any
constable while suspended by the chief constable exercises in any
manner the office of constable he shall be liable to a penalty not
exceeding five pounds.
221. I£ any constable is suspended by the chief constable, and
does not, if required, deliver over to the chief constable, or to the
officer appointed for the purpose by the chief constable, all or any
part of the clothing, accoutrements, or appointments supplied to him
for the execution of his duty, or if any constable is dismissed from or
ceases to hold and exercise his office, and does not forthwith deliver
over all the clothing, accoutrements, appointments, and other
necessaries supplied to him for the execution of bis duty to the chief
constable, or to the person and at the time and place directed by the
watch committee, he shall be liable to imprisonment, with or without
hard labour, for any term not exceeding one month ; and any justice
may issue his warrant to search for and seize, to the use of the
Corporation, all clothing, accoutrements, appointments, and other
necessaries not so delivered over, wherever found.
34&35 Viet. H udders.field 1 mprovement
Act 1871.
Ch.cli. i53
222. Where any penalty is recovered under this Act against any See.22'2-228
constable, or any person who had held the office of constable, in Power to
respect of any act or omission of such person while holding such deduct
office, the amount of the penalty may be deducted from any salary due penalties on
or to become due to him as constable. constables. from salanes.
228. If any person not being a constable of the borough has in P lt f
his possession any article being part of the clothing, accoutrements, u:~~ful or
appointments, or necessaries supplied to any such constable, and does possession
not satisfactorily account for his possession thereof, or puts on the ofaccoutredress,
or takes the name or designation, or otherwise assumes the ments: ascharacter
of a person appointed as such constable, for the purpose s:ipti:U 0 ~
of thereby obtaining admission into any house or other place, or of ~on::'.bi: 0
&c
doing or causing to be done any act which he would not be entitled ' · to do or procure to be done of his own authority, or for any other
unlawful purpose, he shall, in addition to any other punishment to
which he is liable for such an offence, be liable to a penalty not
exceeding ten pounds.
224. The Corporation may employ constables of the borough as Employment
market officers, fire brigade officers, inspectors of weights and measures, of police as
and of lodging houses, and in any other capacity in which their market
services appear to the Corporation to be useful for purposes of this officers, &o.
Act, without prejudice to the claim of any constable so employed to
any superannuation or other allowance, or to any benefit whatever.
[Power to cause Market Inspectors and Collectors to be sworn as
Constables : Act of 1876 s. 50.]
225. Any person found committing any offence punishable either Power to
upon indictment or as a misdemeanor, upon summary conviction under police contliis
Act, may by virtue of this Act be taken into custody without a stables and
warrant by any constable, or may be apprehP.nded by the owner of any ~:f:~: ::·
property on or with 1·espect to which the offence is committed, or by apprehend
his servant, or any person authorised by him, and may be detained certain
until he can be delivered into the custody of a constable, and shall be oft'ende111.
taken as soon as conveniently may be before a justice, to be examined
and dealt with according to law.
226. It shall not be lawful for any constable or other officer, Limitation of
without the order of a justice, to detain in custody any person arrested detention.
under the powers of this Act longer than is necessary for bringing him
before a justice, or longer than forty-eight hours at the utmost, except
where Sunday intervenes, in which case the person so arrested may be
detained, without order of a justice, until the sitting of the justices on
the next following Monday morning, but no longer.
227. Whenever any person charged with any offence under this Po_wer for
Act (not amounting to felony), of which he is liable to be summarily ctb~ c~-tak
convicted before a justice, is in the custody of any constable without !eco:Uizanca:
the warrant of a justice, the chief constable, or other officer for the
time being in charge of the police office, may, if he deems it prudent
in any case where the offender cannot be conveniently taken before
a justice, take his recognizance, with or without sureties, conditioned
as in this Act provided.
228. Every recognizance so taken shall be taken without fee or Form of
reward, and shall be conditioned for the appearance of the person recognizances
thereby bound before a justice at a certain day, not later than seven
154 84 & 35 Viet. H udders.field Improvement
Act 1871.
Ch. cli.
Sec.229-232 days from the date of the recognizance, and the time and place of such
appearance shall be specified in the recognizance.
Reoogni- 229. The officer taking any such recognizance shall enter in a.
san?8stobe book to be kept fo1· that purpose the name, residence, and occupa•
re:1ster:dtnd tion of the party, and his sureties (if any), enterinl,{ into it the condition
~;eu;1s~ice~ thereof, and the sum thereby acknowledged, and shall return every
such recognizance to the justice at the time and place when and where
the party is bound to appear, and every such recognizance shall have
the like force and effect as if it had been taken before a justice.
Penaltiee on
persons
assaulting
constables.
Penalty for
riotous or indecent
behaviour
in police
office, &o,
Penalty on
persons
committing
any of the
offences
enumerated.
230. If any person assaults, obstructs, or resists, or aids or incites any person to assault, obstruct, or resist, any constable in the
execution of his duty, he shall be liable to a penalty not exceeding
twenty pounds, or, in the discretion of the justice before whom he is
convicted, to be imprisoned for any term not exceeding six months,
with or without hard labour.
231. If any person is guilty of any violent, disorderly, or indecent
behaviour in any police office or police station he shall be liable to
a penalty not exceeding forty shillings, or, in the discretion of the
justice before whom he is convicted, to be imprisoned for any term not
exceeding seven days. ·
XIV.-POLICE REGULATIONS, &c.
232. Every person who in a street or court, or elsewhere than in a street or court, in the cases in that behalf in this section specified,
commits any of the following offences, shall be liable to a penalty not
exceeding forty shillings, or, in the discretion of the justice before
whom he is convicted, to imprisonment for any term not exceeding
fourteen days; (that is to say,)
[As to period of imprisonment: see Act of 1880 s. 90.
For additional offences: see Act of 1876 ss. 103-4; Act of
1880 s. 85-9 ; and Act of 188~ s. 40.]
Every person who exposes for show, hire, or sale ( except in a market, or market place or fair, lawfully appointed for that
purpose) a horse or other animal, or exhibits, in a caravan or
otherwise, a show or public entertainment, or shoes, bleeds, or
farries a horse or animal (except in cases of accident), or cleans,
dresses, exercii:;ies, trains, or breaks, or turns loose a horse or animal, or washes or cleans a cart or carriage, or makes or
repairs any part of a cart or carriage ( except in cases of accident,
where repair on the spot is necessary):
Every person who suffers to be at large or accompanies any
ferocious, mischievous, or dangerous dog, not being securely
muzzled, or sets on or urgea a dog 01• other animal to attack,
worry, or put in fear any person or animal :
Every owner of a dog who suffers it to go at large knowing or having reasonable ground for believing it to be in a rabid state, or
to have been bitten by a dog or other animal in rabid state:
Every person who, after public notice given by the mayor directing
dogs to be confined, suffers any dog to be at large during the time
specified in such notice :
[Constable may destroy suspected mad dog: s. 235 of this Act.
Other regu~tions as to dogs: Act of 1876 s. 101.]
84& 35 Viet. Huddersfield improvement
Act 1871.
Cli. cli. 155
Every person who slaughters cattle, or dresses cattle, or any part Sec. 232
thereof, except in the case of cattle overdriven or having met with
an accident, which for the public safety or other reasonable cause
ought t<' be kilted on the spot:
Every person who, occupying a blacksmith's, whitesmith's, or nailmaker's
shop having a door or window or other opening fronting
or opening into or towards a street, does not, by good and close
doors or shutters, every evening, not later than halt an hour after
sunset, prevent the light from such shop shining into any street:
Every person who to the obstruction, annoyance, or danger of any
resident or passenger in any street or court keeps any gaslight
or other light flaring or unprotected, extending to or over any
street:
Every person who discharge!! smoke or · steam from a building
(otherwise than from the top thereof into a street, or who constructs
or uses a steam pipe, flue, or funnel (not being the funnel
of a locomotive engine), so that the condensed water or moisture
must usually fall into a street:
[Offence of using portable or movable steam engine in any
street orin any building, land, or unfinished building within
twenty yards from a street or in any market, fair, or feast
ground without the license of the Corporation : Act of 1880
S. 89.]
Every person having the care of a cart or carriage who rides on
the shafts thereof, or who, without having sufficient reins and
holding the same, rides upon such cart or carriage, or on an
animal drawing the same, or who is at such a distance from such
cart or carriage as not to have due control over every animal
drawing the same, or who is asleep while such cart or carriage is
in motion, or who does not, in meeting another cart or carriage,
keep his cart or carriage to the left or near side of the road, or
who, in· passing another cart or carriage from behind, does not
keep his cart or carriage on the right or off side of the road
( except in cases of actual necessity or some sufficient reason for
deviation), or who by obstructing the street wilfully prevents any
person, -cart, or carriage from passing him or any cart or carriage
under his care :
Every person who at one time drives more than two carts, and
every person who at one time drives two carts either whereof is
drawn by more than one animal, and every person who at one
time drives two carts, and has not the last cart securely fastened
to the back of the first cart by a chain or rope not more than five
feet long from each shaft of the last cart :
Every person who rides or drives furiously an animal, cart, or
carriage, or who while in a state of intoxication rides or drives any
animal, cart, or carriage :
Every person who causes a carriage, or a sledge, truck, or barrow,
with or without horses or a beast of burden, to stand in a street
longer than is necessary for loading or unloading goods or luggage
or for taking up or setting down passengers (except hackney
carriages and horses and other beasts of draught or burden standing
for hire in a place appointed for that purpose appointed by the
Corporation), and every person who by means of a cart, carriage,
i56
Sec. 232
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
sledge, truck, or barrow, or an animal, or other means, wilfully
interrupts a public crossing, or wilfully causes an obstruction in a
street or public footpath or other public thoroughfare, or through
wantonness or negligence or other misconduct injures or endangers
any person or property :
Every person who causes any tree or timber, or iron beam, or stone
to be drawn in or upon a carriage without having and applying a
sufficient drag, slipper, break, or other means of safely guiding
the same, and causing the same to be safely guided and controlled,
and the speed thereof to be moderated while descending any
incline, or who grates, grinds off, or uses any kerbstone for
moderating such speed :
Every person who leads or rides an animal, or draws or drives a cart,
carriage, sledge, truck, or barrow, on a footway of a street, or
fastens an animal so that it stands or can stand across or on such
a footway:
Every person who places or leaves any furniture, goods, produce,
wares, or merchandise, or any cask, tub, basket, pail, or bucket,
or places or uses any standing place, stool, bench, stall, or showboard
on any footway, or so as to project thereover, or who places
any blind, shade, covering, awning, or other projection over or
along a footway, unless such blind, shade, covering, awning, or
other projection is eight feet in height at least in every part
thereof from the ground, and is constructed in every respect to the
satisfaction of the surveyor:
Every person who places, bangs up, or otherwise exposes to sale any
furmture, goods, produce, wares, merchandise, matter, or thing
whatsoever so that the same projects or project into or over any
footway, or beyond the line of any house, shop, or building at
which the same is or are exposed :
Every person who stands or places any person outside any shop,
building, or ground at or on which any furniture, goods, or thing
as aforesaid is or are exposed, in order to offer the same for sale,
or to invite purchasers for the same, so as to obstruct or incommode
the passage of any person over or along any footway :
Every person who rolls, drags, or carries a cask, tub, hoop, wheel,
ladder, lank, pole, timber, or log of wood, or any stone or metal
on any such footway, except for the purpose of loading or
unloading a cart or carriage, or of crossing such footway:
Every person who places a line, cord, or pole across a street, or
hangs or places any clothes thereon, or who throws or leaves any
orange peel or other refuse of fruit on any footway:
Every person drunk in a street or other open or public place, either
incapable of taking proper care of himself, or guilty of riotous,
di@orderly, or indecent behaviour:
Every common prostitute or nightwalker loitering or importuning
passengers for the purpose of prostitution :
Every person who wilfully and indecently exposes his person, or
who. bathes in any river, canal, or public situation so as to expose
his person:
Every person who, by himself or his agent, publicly ofiers for sale
or distribution, or exhibits to public view, any profane, indecent,
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 157
or obscene book, handbill, card, paper, document, print, drawing, Sec. 232
photograph, painting, or representation, or any book, handbill,
card, paper, or document referring to any disease of a loathsome
or secret kind, and every such agent :
Every person who publicly sings any profane or obscene song or
ballad, or uses any profane or obscene language:
Every person who writes or draws any profane, indecent, obscene,
or offensive word, character, figure, or rel?reeentation on any
building, wall, fence, hoarding, or other erect10n anywhere in the
borough:
Every person who, by himself or his agent, without the consent of
the Corporation and of the owner or occupier of a building, wall,
fence, hoarding, or other erection anywhere in the borough,
affixes thereto any posting bill or other paper, or by any writing
or drawing or otherwise marks or disfigures the same, or, with or
without the consent of such owner or occupier, affixes thereto any
bill, paper, document, print, drawing, photograph, painting, or
representation of an indecent or obscene character, or referring to
any disease of a loathsome or secret kind, and every such agent:
Every person who wantonly discharges a firearm, or throws or
discharges any stone, snowball, or other missile, or makes a
bonfire, or throws or sets fire to fireworks, or burns any effigy :
Every person who wilfully and wantonly disturbs any inhabitant by
pulling or ringing any door bell or other bell, or knocking
at any door or gate, or who wilfully and unlawfully extinguishes
the light of any lamp:
Every person who cleanses, hoops, fires, washes, or scalds any cask
or tub, or hews, saws, bores, or cuts any timber or stone, or slakes,
sifts, or screens any lime :
Every person who throws or lays down any stones, coals, slate,
shells, lime, bricks, timber, iron, or other materials (except
building materials enclosed as required by this Act) :
Every person who beats or shakes a carpet, rng, or mat (except
door mats beaten or shaken before the hour of eight in the
morning):
Every person who fixes or places any flower pot or box, or other
heavy article, in an upper window without sufficiently guarding
the same against being blown or thrown down :
Every person who throws from the roof, or any part of a house or
other building, any slate, brick, wood, rubbish, or other thing,
except snow thrown so as not to fall on any passenger:
Every person who throws down goods, produce, wares, or merchandise
out of an upper storey of a warehouse, or of any other
building used for any trade, manufacture, or business, and every
person being the occupier of any warehouse or other 1mch
building out of which goods, produce, wares, or merchandise are
or is so thrown down, but so that one penalty only be recoverable
for the same offence :
Every occupier of a house or other building, or other person, who
orders nr permits any person in his service to stand on the sill of
a window in orde,· to clean, paint, or perform any other operation
158
Sec. 232
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
on the outside of such window, or on any house or other building,
unlees such window is in the sunk or basement storey :
Every person who leaves open a vault or cellar, or the entrance from a street to a cellar or room underground, without a sufficiPnt
fence or handrail, or leaves defective the door, window, or other
covering of a vault or cellar, or who does not sufficiently fence
any area, pit, or sewer left open, or who leaves such open area,
pit, or sewer without a sufficient light after sunset to warn and
prevent persons from falling thereinto :
Every person who throws or lays, or causes to be thrown or laid,
any offensive matter or thing on a street, or causes or permits
any offensive matter or thing to run from a manufactory, brewery,
slaughter-house, butcher's shop, or dunghill into a street, or into
any well, river, stream, canal, watercourse, pool, dam, porid, or
reservoir (but so that it shall not be deemed an offence for any
person to lay or cause to be laid sand or other materials in a street
in time of frost to prevent accidents, or litter or other suitable
materials to prevent the freezing of water in pipes, or in case of
sickness to prevent noise, if the person laying or causing to be
laid any such thing causes it to be removed as soon as the
occasion for it ceases) :
Every person who in any 8treet empties or begins to em~ty any
cask, tub, barrel, case, or package, unless it cannot from its bulk
or weight be taken into his own building or land:
Every person who in any street feeds or fodders any horse or other
animal except from a bag suspended from its head, or with food
held or delivered by the hand :
Every person who carries or exhibits any placard or advertisement
on poles, boards, sticks, or otherwise, to the danger or annoyance
of passengers or inhabitants, or who blows any horn, rings any
bell, or uses any other noisy instrument, or shouting or singing
for the purposes of announcing or attracting persons to any sale,
~how, or entertainment (the town crier appointed by the
Corporation in the performance of his duty excepted), or for
the purpose of hawking, selling, or collecting any article
whatever, oi; of obtaining money or alms :
Every person who collects a crowd by flying pigeons, foot racing,
or other games, or by brawling, fighting, singing, shouting, or
otherwise, or who stands or loiters and refuses or neglects to
move on when ordered so to do by a constable :
[Penalty on persons obstructing footway or betting in street:
Act of 1876 ss. 103-4.]
Every peri!on who flies a kite, . or makes or uses a slide on ice or
snow, or plays at pitch and toss or other description of gaming,
or trundles a wheel, hoop, or girth, or plays at football, quoits,
pig, or other game or pastime offensive, dangerous, or annoying
to passengers :
Every person who hoists, lowers, takes in, or delivers, or who
wilfully permits or suffers to be hoisted, any cask, barrel, sack,
bag, cotton bale, wool bag, box, package, bale, truss, hamper, or
other thing into or from any warehouse, building, cellar, or vault,
without having proper and sufficient crane, rope, and tackle iu
84 & 85 Viet. H udders/i,eld Improvement
Act 187 l.
Ch.cli. 159
good and sound order and condition, and without slinging or Sec.233-236
otherwise effectually securing the article so lowered, hoisted, or deliveretl.:
Every owner, occupier, or other person who uses, or causes or
permits to be used, any insufficient crane, rope, or tackle, or does
not, within three days after receiving notice from an officer of the
Corporation so to do, remove or cause to be made good and fit for
safe use any crane, rope, or tackling reported or deemed to be
defective:
Every person who builds or continues a pigsty, or keeps swine
anywhere in the borough, except in situations and places
authorised by the Corporation :
Every person who drowns or casts with intent to drown any dog,
cat, or other animal into any well, stream, canal, watercourse,
pool, dam, pond, or reservoir :
Every person who throws, deposits, places, leaves, or permits or suffers to fall any litter, ashes, carrion, fish, or animal offal or
rubbish into or in any well, river, stream, canal, watercourse,
pool, dam, pond, or reservoir.
283. The business of a blood boiler, bone boiler, fellmonger, Oft'eosive
slaughterer of cattle, horses, or animals of any description, soap trades newly
boiler, tallow melter, tripe boiler, or other noxious or offensive established.
business, trade, or manufacture, shall not be newly established in
any building or place in the borough without the consent of the
Corporation ; and if any person offends against this section he shall
be liable to a penalty of fifty pounds, and a further penalty of forty
shillings for each day during which the offence is continued; and the
Corporation may from time to time make such byelaws with respect
to any such businesses so newl_y established as they think fit in order
to prevent or diminish the noxious or injurious effects thereof.
234. If any person at any time after the commencement of this Penalty for
Act begins or prepares to burn bricks or tiles in any place nearer bnrniog
than thirty yards to the then existing dwelling-house situate in or near bricks, raga,
any street, or burns iu any place within two hundrt·d yards of any bones, &c.
dwellinghouse situate in or near any street, any cork, rags, or bones, or other offensive substance for making manure, ivory or other black,
or sal ammoniac, or other chemical compol.lnd, or £or any other purpose
of trade, manufacture, or commerce, or if any person burns h1•icks or
tiles, or carries on any trade or business which occasions any obnoxious or offensive effluvia, or causes other annoyance to the inhabitants
dwelling near thereto, without usin(.!' the best practicable means that are known for preventing smoke, or preventing or counteracting
eflluvia or annoyance therefrom, he shall be liable to a penalty not
exceeding five pounds, and to a further penalty not exceeding forty
shillings for every day during which the offence is continued after
service on him by the Corporation of notice to discontinue the same.
285. Any constable or other officer appointed by the Corporation Mad dogs.
may destroy any dog or other animal within the borough reaso11ably
suspected to be in a rabid state, or to have been bitten by any dog or
other animal reasonably suspected to have been in a rabid state.
[Offence of permitting dog to be at large after Mayoral notice :
s. 282 of this Act.
Other regulations as to dogs: Act of 1876 s. 101.)
160 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Sec.236-238 236. If any animal comprised under the definition of cattle in this
Act infected with or labouring under any infectious or contagious
disease is exposed or offered for sale or is brought or attempted to be
brought through any street, any inspector, collector, or constable may
seize such animal and cause the same to be inspected by two veterinary
surgeons or other competent persons, and shall report such seizure to a justice, and such justice may, after hearing the evidence, either order
Power to
seize and
destroy
diseased
cattle.
such animal to be restored, or order the same, and also any pens,
hurdles, crofts, litter, hay, straw, or other articles which he may judge
likely to have been infected thereby, to be forthwith destroyed or otherwise disposed of: Provided always, that nothing in this section
shall author.ise a justice to make any such order in relation to
any trucks or waggons used for the conveyance of cattle on any
railway, or to pens for animals on lands belonging to a railway
company, but he may require any such trucks, waggons, or pens as
last aforesaid to be cleansed in such a manner as may be considered by
him reasonably sufficient to prevent the spread of any such infectious or contagious disease. ·
Prohibition aa 237, If any person exposes or offers for sale, or brings or attempts
to diseased to bring through any street, any animal comprised under the definition
cattle. of cattle in this Act infected with or labouring under any infectious or
contagious disease, knowing the same to be infected with or labouring
under any such disease, he shall be liable to a penalty not exceeding
twenty pounds.
Power to 238. The sanitary inspector or any conatable may at all reasonable
medioalofficer times inapect and examine any animal, carcase, meat, poultry, game,
of health or flesh, fish, fruit, vegetables, corn, bread, flour, cheese, or other article
ins_Pector of exposed for sale, or deposited in any placf\ for the purpose of sale or of
rnn:;:::e: to preparation for sale, and intended for the food of man (the proof that
animal &!_ the same was not exposed or deposited for such purpose, or was not
' intended for the food of man resting with the party charged), and in casEi
the same appears to him to be diseased, or unsound or unwholesome, or
unfit for the food of man, he may seize, take, and carry away the same, or direct the same to be seized, taken, and carried away by any officer,
servant, or assistant, in order to have the same dealt with by a justice,
and if it appears to the justice that the same is diseased, or unsound
or unwhole~ome, or unfit for the food of man, he may order the same
to be destroyed or so disposed of as to prevent it from being exposed
for sale or used for such food, and the person to whom the same
belongs or did belong at the time of sale, or exposure for sale, or in
whose possession or on whose premises it is found, shall be liable to a
penalty not exceeding twenty pounds for every animal, carcase, or fish, or piece of meat, flesh, or fish, or any poultry or game, or for the
parcel of fruit, vegetables, corn, bread, flour, cheese, or other article so
found, or, at the discretion of the justice, to imprisonment for any
term not exceeding three months.
[By Act of 1876 s. 105 this section " shall extend and apply to
every diseased, 1msound, or unwholesome article of food sold or exposed for sale, or deposited in any place for the purpose
of sale, or of preparation fo1· sale, whether such article be or
be not seized and carried away, to be dealt with by any
justice as mentioned in such section : Provided the justice before
whom any complaint with respect to such article of food be
84 & 85 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 161
made be satisfied on the evidence laid before him that such Sec-239-24:2
article of food was diseased or unsound or unwholesome and
unfit for the food of man."]
239. If any cattle are found straying in a street the owner there- Power to
of shall for each animal be liable to a penalty not exceeding five impound
shillings, and any person may impound the same in any common ca;le d to
pound or other place appointed by the Corporation, and may detain the =~ra;~e
same there until the penalty and reasonable charges fo1· impounding,
feeding, and keeping the same in pound, together with the amount of
any damage caused by such animal, are paid ; and if the same are not
paid within three days after the animal is impounded, the pound
keeper or other person appointed by the Corporation may cause the
animal to be sold, after having given seven days notice of the intended
sale by advertisement in some newspaper circulating in the borough, or
by notice served on the owner, if known, and the charges aforesaid,
and those of the sale and notice, and the 11aid fenalty and damages,
shall be defrayed by such sale, and the surplus (i any) shall be paid to
the owner of the animal on demand.
240. If any person releases or attempts to release any cattle from Penalty for
any pound where the same are impounded under the authority of this pound•
Act, or damages or destroys any such pound or any part thereof with breach.
intent to procure the unlawful release of such cattle, he shall be liable
to a penalty not exceeding forty shillings, or, in the discretion of the
justice before whom he is convicted, to imprisonment, with or without
hard labour, for any term not exceeding three months.
241. If any person brought before any justice charged with Persons
having in his possession, or conveying in any manner anything having goods
reasonably suspected to be stolen or unlawfully obtained, does not sbusptec1
ted .to . t h . f t· f th . t" b f h h . e s o en lll give an account o t e sat1s ac 10n o e JUS tee e ore w om e 1s possession to
brought of the manner in which he came by the same, he sl1all be be gnilty of a
liable to a penalty not exceeding five pounds, or, in the discretion of miedemeanor.
the justice, to be imprisoned, with or without hard labour, for any
term not exceeding two months.
242. If any goods are stolen or unlawfully obtained, or being in Delivery of
the care of any person for the purpose of being repaired, cleaned, or goods unmade
up, or being otherwise lawfully obtained, are unlawfully deposited, lawful![ d
pawned, pledged, sold, or exchanged, and complaint is made to any P:;~s~es:fon
justice that such goods are in the possession of any broker, dealer in ~fbrokers
marine stores, or other dealer in second-hand property, or of any &c. '
person who has advanced money upon the credit thereof, such justice
may issue a summons or warrant for the appearance of such broker,
dealer, or other person as aforesaid before any justice, and for the
production of the goods, and such last.mentioned justice may order
such goods to be delivered up to the owner thereof, either without any
payment by or to such owner, or upon payment of such sum and at
such a time as such justice thinks fit; and if any broker, dealer, or other person being so ordered refuses or neglects to deliver up the
goods he shall forfeit to the owner the full value thereof, to be
determined by a justice, but such order shall not bar such broker,
dealer, or other person from recovering possession of sueh goods by
proceedings at law from the person into whose possession they come by
virtue of the order, so that such proceeding be commenced within i,i~
months next after the order is made.
162 34 & 35 Viet. Huddersfield Improvement
Act 187 l.
Ch. cli.
Sec.243-247 243. Any justice may order that any goods unlawfully pawned,
Restoration pledged, or exchanged brought before him, the ownership of which
of property is established to his satisfaction, be delirnred up to the owner by the
unlawfully person with whom they were unlawfully pawned, pledged, or exchanged,
pawned, &c. either without compensation or with such compensation as the justice
Delivery of
goods
charged to
have been
stolen or
fraudulently
obtaiued and
in custody of
constable.
Application
of 23 & 24
Viet. o. 84.
(against
adulteration
of food, &c.)
Penalty for
injury to
churches.
Street musicians
to
depart when
desired to do so.
thinks fit.
244. If any goods or money charged to have been stolen or
unlawfully obtained are or is in the custody of any constable by virtue
of any warrant of a justice, or in prosecution of any charge of felony
or misdemeanor, and the person charged with having stolen or
unlawfully obtained possession of the same is not found, or is summarily
convicted or discharged, or is tried and acquitted, or is tried and found
guilty, but the property so in custody has not been included in any
indictment, the following provisions shall apply thereto; (namely,)
(1.)
(2.)
(8.)
(4.)
(5.)
Any justice may make an order for the delivery of such
property to the person appearing to be the rightful owner
thereof:
Such order shall not be any bar to the right of any person to
sue the person to whom the property is delivered and to
recover the same from him by proceedings at law, so that
such proceedings be commenced within six months next
after the order is made :
In case the owner cannot be ascertained any justice may order
that the property be delivered to the treasurer:
The treasurer may, after the expiration of twelve months
during which no owner shows his title to such property,
sell such goods and place the proceeds thereof and place
such money to the credit of the borough fund :
If nevertheless such goods are of a perishable nature, the
sale may be effected immediately, and the proceedR thereof
shall be carried to the credit of the borough fund after
the expiration of such twelve months.
245. The Act of the session of the twenty-third and twentyfourth
yeare of Her Majesty (chapter eighty-fonr), "for preventing
"the adulteration of articles of food or drink," shall apply to the
borough as if it had a separate court of quarter sessions.
246. If any person injures or defaces any church, chapel, or other
public building, or any tomb, monumental stone, or inscription in anv
churchyard or burial ground, or fixes up any bill or paper other than
such as may be lawfully affixed thereto against any such building, or
writes with chalk or any other matter thereon, he shall be liable to a
pena1ty not exceeding five pound,..
247. Any householder personally, or by his servant, or by any
constable, may require any street musician or singer to depart from the
neighbourhood of the house of such householder, and every person who
sounds or plays upon any musical int<trument, or sings in any street
near or within hearing of such house, after being so required to
depart, shall be liable to a penalty not exceeding forty shillings.
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 163
248. The mayor may from time to time make regulations for the Sec.248-251
route to be observed by all carts, carriages, horses, and persons, and . for preventing obstruction of the lltreets in times of holidays, public ~egnlationt· · · bl" · bl' · • · "ll , , d ,orpreven mg process10ns, pu 1c meetmgs, pu 1c reJ01cmgs or 1 ummations, an obstrnotion
iu cases when the streets are thronged or liable to be obstructed, and in streets
give directions to the constable for keeping order and for preventing during publio
any obstruction of the streets in the immediate neighbourhood of the f 00e11ions,
town hall, the police court, the theatres, and other places of public 0 •
resort; and if any person is guilty of any breach of such regulations, or does not comply with the direction of any constable acting in
pursuance thereof, he shall be liable to a penalty not exceeding five
pounds; and no proprietor, driver, or conductor of any omnibus or
stage carriage shall be liable to any penalty for any deviation from the
route prescribed in any license in consequence of any regulation made
by the mayor under this section.
[These regulations may be made by Chief Constable, and additional
regulations and byelaws authorized: Act of 1876 s. 100.
Byelaws for regulating traffic may also be made by Corpo•
ration: Act of 1880 s. 80.]
249. On the application of any minister, churchwarden, trustee, Power to
or officer of any church, chapel, or other place of public worship, the regulate
mayor may from time to time make orders for prescribing the route, rout? of
rate of speed, and conduct of persons driving any cart, carriage, or cdar1;ageds! ~ 0 -
1 h d . h h f d" . . armg 1vme catt e past or near t e same urmg t e ours o 1vine service on service.
Sunday, Christmas Day, Good Friday, or any day appointed for public
fast, humiliation, or thanksgiving; and any such order shall be printed or
painted and fixed on some conspicuous place near such church, chapel,
or other place of public worship, and if any person fails to comply in
any respect with any such order he shall be liable to a penalty not
exceeding forty shillings.
250. If the owner or occupier of any vacant or waste land allows Waste land
the same to remain unfenced, or the fences thereof to remain out of to be fenced.
repair, after the expiration of fourteen days notice from the surveyor,
the Corporation may cause the same to be fenced, or may cause the
fences to be repaired, and the expenses thereby incurred shall be
recoverable from such owner or occupier as damages.
[See alao s. 74 of this Act page 118.
These provisions not to extend to the open space forming the
approach to the Huddersfield Railway Station: s. 193 of this
Act page 144.]
251. With· respect to the repairing or enclosing of dangerous Dangeroua
places, the following provisions shall have effect; (namely,) places to be
repaired or (L) If any building, wall, steps, structure, or other thing, or any enolosed.
well, coalpit, shaft, used or disused excavation, or reservoir,
pond, stream, or dam of water, or any bank thereof, or any
land or place, is, in the opinion of the Corporation, for want
of sufficient repair, protection, or enclosure, dangerous to
the occupiers thereof, or of the neighbouring buildings or
lands, or to the passengers along any street or footpath, the
164
Sec, 252
Penalties for
non•consumption
of
smoke.
34& 35 Viet. H udders.field Improvement
Act 1871.
Ch. cli.
Corporation may order the owner within the period in the
order prescribed to repair, protect, or enclose the same so
as to prevent any danger therefrom :
[Corporation may, if they think necessary, order dangerous
buildings to be fulled down ;
Owner of wal in or abutting on any street defined : Act of
1876 S. 79.] .
(2.) If after service of the order on the owner the directions of the
order are not complied with within the prescribed period,
the owner shall be liable to a penalty not exceeding twenty
pounds, and in that case, and ahio if the owner is not known,
or cannot after due inquiry be found, the Corporation may
cause such works as they think proper to be done for
effecting such repair, protection, or enclosure, and the
expenses thereof shall be payable by the owner :
(3.) If such owner can be found within the borough, and if on
demand of the expenses aforesaid he neglects or refuses to
pay the same, then such expenses may be levied by distress,
and any justice may issue his warrant accordingly :
(4.) If such owner cannot be found within the borough, or sufficient distress of his goods and chattels within the
borough cannot be made, the Corporation, after giving
twenty-eight days' notice of their intentions to do so by
posting a notice in a conspicuous place on or near such
building, thing, or place, may take possession of the same,
provided such expenses are not paid or tendered to them
within the said twenty-eight days, making compensation to
the owner of such building, thing, or place, but deducting
out of such compensation the amount of the expenses
aforesaid, and may thereupon sell or otherwise dispose of
such building, thing, or place :
(5.) If any irnch building, wall, 11tructure, or other thing, or any
part thereof, is pulled down by virtue of the present section,
the Corporation may sell the materials thereof, or of so much
of the same as is pulled down, and apply the proceeds of
such sale in payment of the expenses incurred in respect of
such building or other thing, and the Corporation shall
restore any overplus arising from sale to the owner on
demand:
(G.) Nevertheless the Corporation, although they sell such materials
for the purposes aforesaid, shall have the same remedies for
compelling the payment of so much of the said expenses as may remain due after the application of the proceeds of such
sale as are herein-before given to them for compelling the
payment of the whole of the said expenses.
XV.-SMOKE.
252. For prevention of smoke, the following provisions shall have
effect; (namely,)
(1.) If any fireplace or furnace employed after the commencement
of this Act in the working of engines by steam, or in any
building used for the purpose of trade or manufacture, or
baths or wash-houses (although a steam engine is not used
84& 85 Viet. H udders.field Improvement Ch. cli.
(2.)
(8.)
(4.)
(5.)
Act 1871. .
therein), is not so constructed as to prevent or burn the
smoke arising from such fireplace or furnace, the owner or
occupier of the building or lands in or on which such fireplace
or furnace is situate shall be liable to a penalty not
exceeding five pounds :
If any such owner or occupier, or any engineer, fireman,
stoker, foreman, or other person employed by him, after the
commencement of this Act uses any such fireplace or furnace
not so constructed as aforesaid, or negli~ently uses any
:fireplace or furnace so constructed as aforesaid in such
manner that the smoke arising therefrom is not effectually
prevented or burnt, he shall be liable to a penalty not
exceeding ten pounds, and to a further penalty not exceeding
forty shillings for every day during any part of which such
fireplace or furnace is so continued to be used after one
month's notice in writing given by the Corporation to the
owner or occupier to remedy or discontinue the same :
'l'he foregoing provisions of this section shall extend to cases
where more fireplaces or furnaces than one communicate
with a single chimney, and in any such case the names of
the several owners and occupiers of the buildings or lands on
which they are situate, and the several engineers, firemen,
stokers, foremen, or other persons having the control or
management thereof, may be included in one summons, and
the justice before whom the case is brought may, in his
discretion, apportion the penalty as he sees fit, or impose a
penalty on one or more of those persons in exclusion of the
others:
If any such owner or occupier, or the servant of either of them,
refuses to allow such building or lands to be inspecited by
a person authorised by the Corporation, then any person so
authorised may, by warrant under the hand of a justice
(which warrant any justice is hereby authorised to grant),
enter into and upon such building or lands, and examine any
such fireplace or furnace :
The words "prevent or burn smoke " shall nevertheless not
be held in all cases to mean prevent or burn all smoke, and the
justice before whom the case is brought may abstain from
1mpoe,ing any penalty if he is of opinion, as to any such
engine or furnace, that it has been so constructed or altered
as to prevent or burn as far as possible all smoke arising
therefrom, and that the same has been carefully attended to,
and that the smoke arising therefrom has been prevented or
burned as far as practicable.
XVI.-FIRE.
165
Sec.253
!253. The Corporation may continue and maintain their fire Power to
police stations and engine houses, and other offices and buildings pro:'1de fire
connected with the fire police establishment, and may from time to poh1;9 &
time enlarge the same, and purchase, by agreement, or take at a rent stations, 0 •
any buildings or lands for fire police stations, engine houses, and
firemen's dwellings, and other buildings and lands necel!lsary for fire
police purposes, with all proper conveniences, and appropriate for
i66 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Sec.254-259 those purposes, and alter and enlarge any buildings or lands for the
time being vested in them, and repair and furnish and fit up any such
buildings.
Power to
provide fire
engines, fire•
men, &c.
Discharged
firemen or servants may
be turned
ont of pos•
session of
houses.
Power to
enter and
break open
premises in case of fire.
Power to
send fire
engines, &o.
out of
borough.
Captain of
fire brigade
to have
control of
operations.
Penalties 81!1
to chimney11 on fire.
264. The Corporation may continue and maintain and from time
to time provide such fire engines, water buckets, pipes, water carts, fira
escapes, and other implements for use in case of :fire, and such horses
for drawing such engines and water carts, and employ such persons as
superintendents and :firemen on such terms, and allow them such wages
and such rewards for exertion in case of fire, and make such byelaws
for the government of the fire police establishment of the borough, as
they think fit.
256. Where any fireman or other person discharged from the fire
police establishment continues to occupy any building provided for the
purposes of that establishment after one week's notice in writing from
the Corporation to quit and deliver up the possession thereof, any
justice may, on proof of such notice, by warrant authorise any constable
to enter upon such building and remove such fireman or other person
and his family, and his and their goods and chattels therefrom, and
deliver the possession thereof to the Corporation, and any constable
may proceed acc<;>rding to the warrant.
266. Any constable of the borough or of the fire police of the
borough, or any officer or other person appointed by the Corporation,
may enter, and, if necessary, break into any building in the borough
being or reasonably supposed to be on fire, or any building or lands
adjoining or near thereto, without the consent of any owner or
occupier thereof respectively, and may do all such acts and things as
he may deem necessary for extinguishing fire in any such building, or
for protecting the same, or rescuing any person or property therein
from fire.
267. The Corporation may send any fire engine and any part of
the fire police establishment beyond the borough to extinguish fire,
and the Corporation may recover the expenses of sending the same
from any person on whose property any such engine or part of the
fire police establishment is employed for the extinguishment of fire or
on whose property any fire has taken place for the extinguishment of
which any such engine or part of fire police establishment has been
sent.
268. The chief constable, or captain or superintendent of the
fire brigade of the Corporation, or other officer for the time being in
charge of the engine or part of the fire police establishment of the
Corporation attending at any fire in the borough, shall from the time
of his arrival thereat have the sole charge and control of all operations
for the extinguishment of such fire, whether by the Corporation engine
or establishment, or any other or others, including the fixing of the
positions of fire engines and apparatus, the attaching of hose to any
water pipes or water supply, and the parts of the building on fire or of
adjoimng buildings against which the water is to be directed.
259. If any person wilfully sets on fire any chimney he shall be
liable to a penalty not exceeding five P.ounds, and if any chimney takes
fire accidently, the occupier of the brulding or the part thereof to which
such chimney belongs shall be liable to a penalty not exceeding ten
34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 167
shillings, unless he proves to the satisfaction of the justice before Sec-230-263
whom the case is heard that the fire was in nowise owing to omission,
neglect, or carelessness of himself or his servant.
260. If any person makes within the borough lucifer matches, or Restriction
any combustible article in the manufacture of which gunpowder or on making of
detonating powder is used, in any place other than in a detached fireworks, &c.
building, or in any case nearer than one hundred yards to any street
or dwelling-house, he shall be liable to a penalty not exceeding ten
pounds, and to a further penalty not exceeding ten pounds for every
day during which the offence continues after the time when the first
penalty of ten pounds is incurred.
261. For the better execution of the provisions of the following Execution of
Acts; namely, licensing
Th G d A d A f h . b . , f powers as to
e unpow er et, 1860, an any et or t e time emg m Orce gunpowder,
amending the same ; petrolenm,&c.
The Act of the session of the twenty-fifth and twenty-sixth years
of Her Majesty (chapter sixty-six), "for the safe keeping of
" petroleum," and any Act for the time being in force amending
the same;
the following provisions shall have effect ; (that is to say,)
(1.) Any license granted under the last-mentioned Acts, or any
of them, may be suspended or revoked when and as the
council think fit :
(2.)
(3.)
(4.)
Every such license shall be under the hand of the town
clerk :
For every such license the council may charge a fee not
exceeding one guinea :
The powers conferred on the council by the last-mentioned
Acts, or any of them, or by this Act, in relation theretc
may be executed by a committee of the council appointed
according to the provisions of the Municipal Corporations
Acts as modified by this Act.
XVII.-BURIAL GROUND AND MORTUARIES.
262. From and after the commencement of this Act, the burial Transfer of
ground provided under the Huddersfield Burial Ground Act, 18,52, burial ground
shall be and the same is hereby transferred to and vested in the !? CorporaCorporation
for all the estate and interest therein of the Huddersfield ion.
Improvement Commissioners, and all the powers and authorities
by that Act, as amended by any subsequent Act, vested in the
Commissioners shall be and the same are hereby transferred to and
vested in the Corporation.
263. The Corporation may, if they think fit, from time to time Power to
provide and fit up buildings or rooms in which corpses may be received provide
and decently and carefully kept before interment, and make byelaws places _for
with respect to the management of and charges for the use thereof, reception of
and the Corporation may, on proper application, and subject to such corpses.
regulations, and at such rates and charges, as are from time to time
prescribed by any such byelaws, make all necessary or proper
arrangements for the decent and economical interment of any corpse
therein received.
i68 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Sec.26'-267 264. I£ it appears to the satisfaction of the Corporation that in
Power to remove
corpses to
places
provided.
Regulations
respecting
coffee shops,
&c.
any building or place where a corpse is lying there is no proper
accommodation for it until interment, or that there is reason to
apprehend any injurious effects from its being kept there, they may
cause it to be removed to any building or room so provided for that
purpose ; any constable or other person appointed by the Corporation
may enter any such building or place, and do or assist in doing all
things necessary or proper in that behalf, and if access thereto is
refused a justice may, if he thinks fit, on application of the Corporation,
or of a constable or other person appointed by the Corporation, grant a warrant for forcibly entering the same.
XVIII.-PUBLIC-HOUSES, &c.
266. If any person not being a licensed victualler, or person
licensed to sell beer by retail to be drunk on the premises, or licensed
to keep a refreshment house under the Act of the session of
the twenty-third and twenty.fourth years of Her Majesty, chapter
twentv-seven, has or keeps any house, shop, room, cellar, or vault,
or pla'.ce of public resort wherein ready-piade tea or coffee, cooked
victuals, provisions, liquoril, or refreshments of any kind is or are
sold or consumed, whether the same is or are kept or retailed therein
or procured elsewhere, and permits drunkenness or other disorderly
conduct, or suffers any unlawful game or any gaming therein, or
permits prostitutes, reputed thieves, drunken or idle and disorderly
persons, or persons of notoriously bad character, to meet together
and remain there, he shall be liable to a penalty not exceeding
five pounds ; and any constable may at any time enter into any
such house, shop, room, cellar, vault, or place, and if any such
owner or keeper, or any person in his employment, in such ease
refuses to allow, or does not on application allow, such constable so
to enter, every person so offending shall be liable to a penalty not
exceeding forty shillings.
Keepers of 266. If any person makes or uses, or allows to be made or used,
cook-sh~ps, any internal communication between any house, shop, room, or place
· ~~- marng of public resort licensed for the sale of wine, spirits, beer, or other :u':::u:::i· excisable articles, and any house, shop, room, or place not so licensed,
with public- he shall be liable to a penalty not exceeding ten pounds for every day
house. that such communication is open.
Places for
dancing,
music, and
other public
entertainments.

267. For the regulation of places for public dancing or music, or
other public entertainment of the like kind, the following provisions
shall take effect; namely,
[The provisions of this section shall " extend and apply to any
"house, room, garden, or other place (whether or not licensed
"for the sale of wine, spirits, beer, or other fermented or
"distilled liquors) kept or used for public dancing, music, or
"other public entertainment, or for public billiards, bowls,
" skittles, bagatelle, dominoes, quoits, brasses, or other games
"of the like nature": Act of 1880 s. 74 (2).]
(1.) A house, room, or other place licensed £or the sale of wine,
spirits, beer, or other fermented or distilled liquors, or a
room, garden, or place, shall not be kept or used for public
dancing, music, or other public entertainment 0£ the like
34& 85 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 169
kind, or for billiards, bowls, skittles, or other game, without Sec. 267
a license for all or some of those purposes first obtained
from the justices acting for the borough:
(2.) Such justices may, under the hands of a majority of them
assembled at any special session convened by fourteen days
previous notice, grant licenses to such persons as they think
fit to keep or use houses, rooms, gardens, or plact's for all
or some of the purposes aforesaid, upon such terms and
conditions and subject to such restrictions as they by the
respective licenses determine, and every license shall be in
force for one year :
[The justices may at petty sessions grant a license for less than
one year and for a specified purpose without the giving of the
notices required by subsections (2) and ( 4) of this section :
Act of 1880 s. 74 (3.)]
(3.) Such justices may from time to time at any such special
session aforesaid transfer any such license to such person
as they think fit :
(4.) Each person shall in each ease give seven days notice to the
clerk of the justices, and to the chief constable of the
borough, of his intention to apply for any such license, or
for the transfer of any such license :
[" Fourteen days " substituted for " seven days" in this subsection:
Act of 1882 s. 39.]
(5.) Any house, room, garden, or place kept and used for public
dancing, music, or other public entertainment of the like
kind without such license first obtained shall be deemed a
disorderly house, and the person occupying or rated as
occupier of the same shall be liable to a penalty not exceeding
five pounds for every day on which the same is kept and
used for any of the purposes last aforesaid:
[" Kept or used" substituted for "kept and used" in this
subsection: Act of 1880 s. 74 (l.)]
(6.)
(7.)
(8.)
There shall be affixed and kept up in some conspicuous place
on the door or entrance of every house, room, garden, or
place so kept or used, and so licensed as aforesaid, an inscription in large capital letters in the words following :
"Licensed in pursuance of Act of Parliament for
," with the addition of words showing
the purpose or purposes for which the same is licensed:
Any house, room, garden, or place so kept or used, although
so licensed as aforesaid, shall not be opened for any of the
said purposes except between the hours stated in the
license:
The affixing and keeping up of such inscription as aforesaid,
and the limitation of the hours of opening, shall be inserted
in and made conditions of every such license, and in case
of any breach of either of those conditions such license
shall be liable to be revoked by the order of any two
justices.
170
Bec.268-272
Pen11lties
on brothel
keepers, &:o.
Power to
enter upon
unlicensed
theatres, &c.
Regulation
of shows,
caravans, &o.
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
268. If any person keeps, or acts or assists in the management
of a brothel or other disorderly house, room, or other place, he shall
be liable to a penalty not exceeding ten pounds, or, in the discretion
of the justice before whom he is convicted, to be imprisoned, with or
without hard labour, for any term not exceeding six months.
269. Any justice may, by order in writing, authorise any constable
to enter into any building or part of a building, or any place kept or
used, or suspected to be kept or used, for stage plays or dramatic
entertainments into which admission is obtained by payment of money,
and which is not a licensed theatre, at any time when the same is open
for the reception of persons resorting thereto, and to take into custody
any person found therein without lawful excuse; and every person
keeping, using, or knowingly letting any building or part of a building,
or any place for the purposes aforesaid, or any of them, shall be liable
to a penalty not exceeding twenty pounds ; and every person performing
or being therein without lawful excuse shall be liable to a
penalty not exceeding forty shillings, and the burden of proving that
any such place is a licensed theatre shall be on the person keeping the
same.
270. The Corporation may from time to time, by byelaw, regulate
the days on and hours within which during any fair, or at any other
time, any show, booth, caravan, circus, or exhibition may be kept open, · and for :preserving order therein ; and in case anything is done or
omitted m contravention of any such byelaw, then, without prejudice
to the recovery of any penalty imposed thereby, the mayor may, by
any constable of the borough, prevent the opening or keeping open of
the show, booth, caravan, circus, or exhibition in respect whereof the
offence is committed.
Power to
license
dealers in
[No market or fair to be held or stall, pen, booth, show, circus or
exhibition to be placed on any land in the borough without the
license of the Corporation: Act of 1876 s. 38.]
XIX.-DEALERS IN MARINE STORES, &c.
[Part XIX extended to brokers and persons dealing in second
hand furniture household effects and clothing : Act of 1880
s. 83.]
271. The Corporation may from time to time grant to every such
person as they think fit a license to carry on the business of a dealer
m marine stores or in old metals (within the meaning of enactments
marine relating to dealers of those classes respectively), and may charge a
stores, &o. fee not exceeding five shillings for any such license for twelve months,
and in the like proportion for any shorter period.
Power to 272. With respect to such dealers and their licenses, the
make byelaws Corporation may from time to time make byelaws for all or a.ny as to dealers of the following purposes; (namely,) in marine
stores, &o. For regulating the applications for such licenses, and the form and
contents and signature thereof, and the registration thereof, and
of matters relative thereto :
For regulating the duration of every such license, and providing for
the suspension or revocation thereof by the Corporation :
34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 171
For reqmrmg every person so licensed to give notfoe to the Sec. 273-276
Corporation in case of bis changing his place of abode, or his
place of carrying on bis business, either to a different building, or
to a different or additional part of the same building :
For requiring every person so licensed to keep exhibited outside
his place of busmess his name and occupation, and any other
particulars :
For requiring every person so licensed to enter in a book the
description and the price of every article purchased or acquired
by him in the course of his business, and the name, address, and
occupation of the person from whom the same is purchased or
otherwise acquired, and any other particulars, and for securing
free access to every such book to the Corporation, their officers
and servants, and persons authorised by the Corporation to inspect
the same.
273. Any such license may be suspended or revoked by any Licenses may
justice before whom the person licensed is convicted of any offence be suspended
rrraking it in the opinion of any such justice expedient that such license or revoked.
should be suspended or revoked.
274. I£ any person after the expiration of one month from the Penalty on
commencement of this Act carries on while unlicensed the business persons
of such a dealer as aforesaid, he shall be liable to a penalty not ~ar~ing on
exceeding twenty pounds, and to a further penalty not exceeding five w~:~:~t
pounds for every day during which such offence continues after the license.
time when the penalty of twenty pounds is adjudged.
XX.-HACKNEY AND STAGE CARRIAGES ; PORTERS
CARTS ; PORTERS AND DRIVERS.
[See the following definitions in Act of 1880 s. 81 :-
" Hackney Carriage" means and includes every carriage
(other than a Tramway car) used in standing or plying £or
hire in any street in the borough and every carriage licensed
by the Corporation for the conveyance of passengers;
"Omnibus" means any carriage (other than a Tramway car)
licensed for the conveyance of passengers paying separate and
distinct fares or used for the taking up and setting down
passengers upon its route or for the conveying of passengers
paying such fares to any place within or without the borough.J
275. The Corporation may from time to time license such number Power to
of hackney carriages and porters carts to ply £or hire within the license h:-,ok•
borough, and such number of persons to act as drivers thereof ne~ oa~e.ges
respectively, as they think fit. ::rtra:;rs
[Corporation may attach to license a condition compelling drivers.
proprietor to supply a hackney carriage at stables during hours
when not by byelaw required to ply for hire : Act of
1880 B. 82.]
276. If the proprietor of or any person interested in any carriage Prohibition
or cart permits it while unlicensed to be used as a hackney carriage of use of
or porter's cart plying for hire, or if any person is found driving for oarriag.ee,
hire, or standing or plying for hire, with any carriage or cart while it t-0 ·• with0ut
is unlicensed, he shall be liable to a penalty not exceeding forty icenee.
shillings.
172 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. di.
Sec.271-278 277. If any person while unlicensed acts as driver of a licensed
Prohibition hackney carriage or licensed porter's cart, or if any licensed driver
of unlicensed lends his liceme, or parts with the possession of it, or fails to produce
persona it when required by any justice, or by any hackney carriage inspector,
acting as or by any constable, or if the proprietor of a hackney carriage or
drivers. porter's cart employs an unlicensed person as a driver thereof, he shall
be liable to a penalty not exceeding forty shillings.
Power to 278. The Corporation may from time to time make byelaws for
makebyelaws all or any of the following purposes; (that is to say,) as to hackney • • • carriages and For regulating the mode of application for and the issuing of licenses
porte~ carts for hackney carriages and porters carts, and the drivers thereof,
and drivers. and the fees to be paid for licenses (not exceeding five shillings
for any such license for twelve months, and in the like proportion
for any shorter period), and the form and contents of licenses,
and the registering thereof, and of matters relative thereto, and
the duration of licenses, and the conditions on which the same are
to be held or may be revoked or suspended :
For regulating the conduct of the proprietors and drivers of hackney
carriages and porters carts in their several employments, and
determining whether such drivers shall wear any and what badge,
and for regulating the hours within which they are to exercise
their calling :
For the numbering and identifying of hackney carriages and porters
carts, and for regulating the manner in which the numbers are to
be displayed :
For regulating the number of persons to be carried by any hackney
carriage, and in what manner such number is to be shown on such
carriage, and for requiring the driver to carry that number or any
less number, and for regulating what number of animals is to draw
any hackney carriage or any porter's cart, and the kind and
condition of such animals, and the placing of a check string to any
such carriage, and the holding of the same by the driver, and how
such carriages are to be furnished or provided :
For punishing misconduct of drivers of hackney carriages and
porters carts in refusing or neglecting to drive as required,
and for preventing the carrying in or upon hackney carriages of
dead bodies, or of persons having any infectious, contagious, or
loathsome disease, and for preventing persons being carried in or
upon hac~ney carriages without the consent of the hirers:
For fixing the stands of hackney carriages and porters ca1•ts, but in
the public streets only, and not on any private ground or within
the curtilage or boundary of any railway station, or on station
approaches belonging thereto, and for fixing the distance to which
they may be compelled to· take passengers and goods, not
exceeding seven miles beyond the boundary of the borough :
[Corporation empowered to erect shelters for hackney carriage
drivers and licensed porters in any public street: Act of
1880 s. 77.]
For fixing the fares for time and for distance to be paid for hackney
carriages and for porters carts, and for securing the due publication
thereof, and for regulating deposits of money in addition to fares
for carriages or carts kept waiting by the hirers :
34& 85 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 173
For securing the safe c1,1stody and re-delivery of property accidentally Sec.279-284:
left in any hackney carriage or porters cart, and fixing the charges
to be paid in respect thereof, and the disposal thereof if unclaimed.
279. If any person fraudulently, or with intent to deceive, does Penalty for
either of the following things; (namely,) fraudulent • use of (1.) Affixes or places on any carriage or cart any figure or number numbers, &c.
to resemble any figure or number appointed by the Corporation
to be affixed to any licensed hackney carriage or
licensed porter's cart;
(2.) Affixes or carries on bis person any badge, figure, or number
to resemble any badge, figure, or number appointed by the
Corporation to be carried by a licensed driver ;
he shall be liable to a penalty not exceeding forty shillings.
280. If the proprietor or driver of a licensed hackney carriage Agreement
or licensed porter's cart, or any person on his behalf, agrees before- !or le~~ ~~an
hand with any hirer thereof to take for any job a sum less than the 0~~r.;:r mg
fa.re allowed by byelaw, but exacts or demands for such job more than 1 •
the sum agreed on, he shall be liable to a penalty not exceeding forty
shillings.
281. An agreement made with the driver of or any person Agreement
having or pretending to have the care of any hackney carriage or ;or more ;~~n
porter's cart for the payment of more thar:. the fare allowed by byelaw i:;e 0: 0 ti~~ ·
shall not be binding on the person making the same, who may, notwith- · standing such agreement, refuse on discharging such carriage or cart
to pay any sum beyond the £are allowed by byelaw, and if any person
actually pays to any such driver, in pursuance of any such agreement
or otherwise, any sum exceeding the fare to which the driver is
entitled, he may, on complaint made against the driver before a justice,
recover back such sum, and, moreover, the driver shall be liable to a
penalty not exceeding forty shillings, and in default of repayment by
such driver of such excess of fare, or the payment of such penalty, the
justice may commit him to prison for any time not exceeding one
month, unless the excess of fare and the penalty are sooner paid.
282. If the 11roprietor or driver of any hackney carriage, or any Agre?ment
person on his behalf, agrees with any person to carry by such f?r disorecarriage
persons not exceeding in number the number allowed to be :.0 :r~e
carried by it for a distance to be in the discretion of such proprietor 18 n ·
or driver, and for a, sum agreed on, but the distance for which he
carries such persons is less than that for which they are entitled to be
carried for the sum agreed on according to the fares allowed by byelaw,
he shall be liable to a penalty not exceeding forty shillings.
283. If any proprietor or driver of a hackney carriage or porter's Penalty for
cart is convicted of taking as a fare a greater sum than that allowed deman.d of
by byelaw he shall be liable to a penalty not exceeding forty shillings, ;xoessive
which penalty may be recovered before one justice, and in the ares
conviction of such proprietor or driver an order may be included for
payment 0£ the sum so overcharged, in addition to the penalty and
costs, and such overcharge shall be returned to the party aggrieved.
284. It shall not be lawful for any person authorised oy the Drivers not
proprietor of any hackney carriage or porter's cart to act as a driver to act with·
thereof to suffer any other person to act as a driver thereof, without ouft oon~entt
h f h . h f £ h h o propr1e ,,re, t e consent o t e propnetor t ereo , or .or any person, w et er &c.
174 84 & 85 Viet. Huddersfield Improvement
Act 1871.
Ch. clL
Seo.285-290 licensed or not, to act as a driver of any such carriage or cart without
the consent of the proprietor thereof; and if any person offends in any
respect against the present enactment he shall be liable to a penalty
not exceeding forty shillings.
Pena.lty on
driver for
misconduct,
&c.
Penalty on driver for
obstructing
streets, &c.
285. I£ the driver of, or any person having or pretending to have
the care of, any hackney carriage or porter's cart is intoxicated
while driving, or by wanton and furious driving, or by any other wilful
misconduct injures or endangers any person in his life, limbs, or
property, he shall be liable to a penalty not exceeding five pounds.
286. If any driver of a hackney carriage or porter's cart suffers
the same to stand for hire across any street, or alongside of any other
such carriage or cart, or refuses to give way if he conveniently can to
any such other carriage or cart, or obstructs or hinders the driver of
any carriage from taking up or setting down any person into or from
any carriage, or wrongfully or in a forcible manner prevents or
endeavours to prevent the driver of any o.ther hackney carriage or
porter's cart from being hired, he shall be liable to a penalty not
exceeding twenty shillings.
Proceedings 287. If the driver of any hackney carriage or porter's cart ]eaves
where ca.r- it in any street, or at any place of public resort or entertainment
riag~, &o. whether it is hired, or not, without some one proper to take care of it
left rn street. any constable may drive it away, and deposit it and the animal harnessed
thereto at some neighbouring livery stable or other place of safe
custody, and such driver shall for every such offence be liable to a.
penalty not exceeding twenty shillings, and in default of payment
thereof and of the expenses of the taking aud keeping of the carriage
or cart and animal, the same, with the harness belonging thereto, or any
of them, shall be sold by order of a justice, and after payment out of
the produce of such sale of the amount of the penalty, and of all coRts
and expenses, as well of the proceedings before the justice as of the
taking, keeping, and sale aforesaid, the surplus, if any, of such produce
shall be paid to the proprietor of the carriage or cart.
Liability of 288. ·where any hurt or damage is caused to any person or
proprietor to property by the driver of any hackney carriage 01· porter's cart let to
compensation hire, the justice before whom the driver is convicted may order that ~or d~mage the proprietor of the carriage (lr cart do pay such sum, not exceeding
d~~:r Y five pounds, as appears to the justice reasonable compensation for such · hurt or damage, and every proprietor who pays any such compensation
may recover the same from the driver.
Endorsement
of conviction
of driver on
license.
Compeosa.
tioo, &o. to
driver
acquitted.
289. Where any licensed driver complained of is adjudged guilty
of the offence alleged against him the justice before whom he is
convicted shall make an endorsement on his license, stating the offence
and the amount of the penalty inflicted.
290. If the driver of a hackney carriage or porter'g cart is
summoned or brought before any justice to answer any complaint or
information concerning any offence alleged to have been committed by
him against this Act, or any byelaw nuder it, and the complaint or
information is "ithdrawn or quashed or dismissed, or the driver is
acquitted of the offence charged against him, the justice may order the
complainant or informant to pay to the driver such compensation for
his loss of time in attending the justice concerning the complaint or
84& 35 Viet. H itddersfield Improvement
Act 1871.
Ch. cli. 175
information as to the justice seems reasonable, and in default of Sec.291-29'
payment of such compensation the justice may commit the complainant
or informant to prison for any time not exceeding one month, unless
the same is sooner paid.
291. If any person refuses to pay, on demand, to any proprietor Recovery or
or driver of any hackney carriage or porter's cart the fare to which he fare.
is entitled the same may be recovered, with costs, before a justice as a
penalty.
292. If any person using any hackney carriage or porter's cart Penalty for
wilfully injures the same he 1.1hall be liable to a penalty not exceeding inju:y to
five pounds, and shall also pay 1o the proprietor of the carriage or cart carriage or
reasonable satisfaction for the damage sustained, and such satisfaction cart.
shall be ascertained by the justice before whom the conviction is had,
and may be recovered by the same m~ans as the penalty.
293. The Corporation may from time to time make byelaws for Power to
all or any of the purposes following (that is to say,) make byelaws as to porters
For regulating omnibuses and stage carriages in the streets, and the and drovers.
conduct of the drivers and conductors thereof, and the fares to be
charged to passengers in or on the same, and for preventing the
overcrowding thereof, and touching the number and fitness of the
animals to be.employed to draw the same:
[See definition of omnibus in note to the heading of Part XX
of this .Act page 171.]
For requiring owners of carts used in the streets to place their
names, descriptions, and addresses conspicuously on their carts:
For prohibiting any person from acting as driver of any cart on
which the owner's name, description, and address are not so
placed.
294. The Corporation may from time to time make byelaws for Power to
all or any of the purposes following; (that is to say,) 1 make bye- aws as to
For licensing porters (that is to say, persons following the business omnibuses
of carrying errands, message;i, parcels, or luggage for hire) and carts, &o.
drovers (that is to say, persons o:ffetfog themselves to lead or
drive cattle for hire), and for charging any fee not exceeding
five shillings for any such license for twelve months, and in the
like proportion for any shorter period, and for regulating the
conduct of drovers and porters in their employments, and
determining whether porters and drovers shall wear any and
what badges, and for regulating the hours within which they may
exercise their calling ;
For fixing the stands of porters and drovers, and the distance to
which they may be compelled to go in the exercise of their
calling, not exceeding, in the case of porters, three miles, and in
the case of drovers, twenty miles beyond the boundary of the
borough;
For fixing the fares, as well for time as for distance, to be })aid to
porters and drovers, and for securing the due publication of
such fares;
For Becuring the safe custody and re-delive, y of ar.y property
accidentally left with porters or drovers, and fixing the charges
to be paid in respect thereof ;
176 84 & 36 Viet. Huddersfield Improvement
Act 187 l.
Ch. cli.
Sec.295-299 and in any such byelaws the Corporation may (if they think :fit) adopt
and apply to porters and drovers, mutatis mutandis, any of the
pro-visions of this Act relative to drivers of hackney carriages and
porters carts so far as the same are applicable.
Provision
respecting
South Croa.
land.
Distinct
accounts to
be kept.
Apportionment
of
expense
between
districts.
XXI. MISCELLANEOUS.
295. So much of the township of South Crosland as is comprised
in the Lockwood district of the borough shall be and the same is
hereby for purposes of rating, and all other purposes whatever, severed
from the township of South Crosland, and annexed to and incorporated
into the township of Lockwood, and the same shall to all intents and
for all purposes be and be designated part of the township of Lockwood,
and not of the township Qf South Crosland, and the residue of the
township of South Crosland shall continue to have and shall be
deemed to have always had all rights, privileges, duties, and liabilities
of a township of itself, as if the portion of that township severed
tberefrom by this Act had never been part thereof.
[An additional portion of South Crosland was added to the
borough by Act of 1880 s. 6.]
296. The Corporation shall keep distinct accounts in respect of
the following undertakings or matters; (namely,) .
Sewers;
Baths and wash-houses ;
Burial grounds ;
Model lodging houses ;
and in respect of all other (if any) undertakings or matters on account
whereof distinct loans have been before or are after the commencement
of this Act raised for any district of the borough or for the borough by
the Huddersfield Improvement Commissioners, or by any local board
merged in the Council, or by the Corporation.
[See also ss. 337-339 of this Act.]
297. Where any expenditure is made for purposes common to
two or more districts of the borough the Corporation may apportion
the same between those districts in such manner as the Corporation
think fit.
Powertotake 298. The Corporation may from time to time accept grants of
land and land made to them for f.urposes of parks, hospitals, infirmaries, schools, b00?Y rr or other public, usefu , or charitable objects for the benefit of the ~n:rii:-!r° inhabitants of the borough and its neighbourhood, and may hold the
purp~sea~o land so granted, and may execute in relation thereto the trusts and
purposes declared by the grantors or otherwise attaching thereto, and
may from time to time accept donations of money made to them for
any such purposes as aforesaid, and may keep the same, and may apply
the same or the income thereof in the manner in which the same
ought to be applied according to the directions or intentions of the
donors.
Proceedings
to prevent
injury, &c.,
to streams.
299. The Corporation, with the sanction of Her Majesty's
Attorney General, may either in their own name, or in the name of
any person with his consent, take such proceedings by indictment, bill
in Chancery, action, or otherwise, as they deem advisable for the
purpose of protecting any watercourse or stream, which is within the
34 & 35 Viet. H udders.field Improvement
Act 187 l.
Ch. cli. 177
borough, or which is or forms pal't of the boundary line between the See.300-302
borough and any adjoining township or place, from encroachment,
obstruction, pollution, or other injury, and the costs of and incidental
to any such proceedings, including any costs that may be awarded to
the defendant, shall be paid out of the borough fund.
[See also Act of 1880 ss. 86 and 87.
As to cleaning of watercourses forming part of the boundaries
of the borough: sees. 190 of this Act, page 142.
As to cleansing, covering, &c. of foul brooks : see Act of
1876 s. 92.]
800. In the event of the prevalence in the borough of any Power to
contagious or infectious epidemic or other di8ease, the Corporation establish
may, if they think fit, establish a temporary hospital or ward for the tem~orary
treatment of the disease, aud provide proper fittings, furniture, con- hospitals, &c.
veniences, medical applianc:es, and other things necessary or proper
for the hospital or ward, and engage medical attendants and nurses for
the service of the same.
[Extended by Act of 1876 ss. 64-66.
See provisions as to infectious diseases: Act of 1880 ss. 68-67.]
801. The Corporation may from time to time make byelaws for Power to
securing the effectual inspection, adjustment, and regulation of scale11, regulate
beams, steelyards, and other machines and apparatus for weighing scales, beams,
used in so much of the borough as is not within the manor of Wakefield, &o.
and by any such byelaw, in addition to or in lieu of the imposition of
any penalty, may provide for the seizure and confiscation of any
instrument or thing found to bE' fraudulent or improper.
[This section now applies to the whole of the borough.
Franchise and jurisdiction of the Lord of the Manor of
Wakefield acquired 10th December 1892 : see Act of 1876
s. 68 note.]
302. Notwithstanding anything in this Act contained, r;ection 142 Sect. 142 or
of "The Towns Imprornment Clauses Act, 1847," shall remain in force 10 & 11 Viet.
and extend to the whole borough and to the borough fund. o. 34 to
extend to
[The following is the section here referred to :-
142, I£ it appear that any works which the Commissioners deem
necessary for promoting the health or convenience of the
inhabitants of the district within the limit of the special
Act cannot lawfully be carried into effect by the
Commissioners, under the powers vested in them by this
or the special Ac:t, by reason either that the moniea
authorised to be raised by them are insufficient for the
purpose, or that any lands are required with the
Commissioners are not by this or the special Act
authorized to take or use, or for any other reason, the
CommisRioners may, by special order as herein defined,
but not otherwise, cause application to be made to
Parliame11t for an Act to enable them to execute such
this Act.
178
Sec 302
34 & 35 Viet. Huddersfield 1 mprovement
Act 1871.
Ch. cli.
works, and may defray the expenses of such application
out of the rates authorized to be levied by them under this
and the special Act.
" Special Order " is defined by ss. 132 and 133 of the same
Act as follows :-
132. Where by this or the special Act the Commissioners are
empowered to do anything by special order only, it shall
not be lawful for them to do such things unless the
resolution to do the same have been agreed to by the
Commissioners in some meeting whereof special notice
has been given, and has been confirmed in a subsequent
meeting held not sooner than four weeks after the
preceding meeting, and which subsequent meeting has been
advertised once at least of the weeks intervening between
the two meetings in some newspaper circulating within the
limits of the special Act, and of which special notice in
writing has been givrn to each of the Commissioners.
133. ProYided alwa_y;.•, that after any resolution has been confirmed
in a subsequent meeting as aforesaid, the Commissioners
shall not proceed to carry the same into effect until after
the expiration of one month from the date, of such second
meeting, and during such month such resolution shall be
advertised once at least in each in some newspaper
circulating within the limits of the special Act, and public
notice thereof shall also be given by means of placards
posted in public places within the said limits, and reference
shall in such advertisement and notice be made to some
place, provided by the Commissioners, where the plan or
particulars of the work or matter to which such resolution
relatc-s may be gratuitously seen by the ratepayers; and if
before the expiration of such month a remonstrance in
writing against carrying into effect such resolution or any
part thereof, signed by a majority of the ratepayers having
votes in the election of the Commissioners (such majority
being cornputrd with reference to the number of votes to
which in such election each ratepayer is entitled -under
the special Act, or any Act incorporated therewith), be
presented to the Commissioners, such rernlution, or such
part thereof as such remornitrance applies to, shall not be
carried into effect; and where any such remonstrance
applies to part only of any such resolution the Com•
missioners may either carry into effect the remainder of
such resolution, or rescind the same, as they think fit.
The Municipal Corporations (Borough Funds) Act 1872 s. 9
enacts as follows :-
o. The 142nd seciion of the Towns Improvement Clauses Act
1847 is hereby repealed so far as the same is inconsistent
with the provisions of this Act.
This section does not however affect the application of section 142
above quoted to the Borough of Huddersfield. See the
preambles of the Acts of 1876, 1880 and 1882.]
34& 35 Viet. Huddersfield Improvement Ch. cli. l'i9
Act 1871.
XXII.--EXECUTION OF WORKS GENERALLY. Sec.303-305
[See fonns of Notice for Execution of Works and Notice of
Intention of Corporation to Execute Works: Fourth Schedule
N os. 2 and 3.]
303. Whenever by this Act or any byelaw thereunder, or any Power to
notice or order of the Corporation, any work, act, or thing is required execute
to be done. by ani owner, occupier, or other P?rso~, ~nd default is works, &o. in
made therem, or 1f any such work, act, or thmg 1s miproperly or default o_f
insufficiently done, the Corporation may cause such work, act, or thing person liable.
to be executed, re-executed, or done (as the case may require), and
also whenever any work, act, 01· thing is by this Act, or by any such
byelaw, notice, or order as aforesaid, prohibited being done, and it
nevertheless is done, the Corporation may remove, abate, or alter the
work, act, or thing so done ; and the expenses incurred by the
Corporation in any ~uch ca1<e, or incidental thereto, with a commission
at the rate of five per centum on the amount thereof in respect of
surveying and superintendence, shall be repaid to them by the
person making default in the execution or doing of, or improperly or
insufficiently or unlawfully executing or doing, such work, act, or thing, as the case may be, notwithstanding any penalty may be
imposed upon such person by this .Act or any such byelaw.
[Further powers as to alteration of works improperly executed :
Act of 1876 s. 91.]
304. The Corporation, by their officers and servants, may at all Power to
reasonable times in the daytime, and after twenty-four hours notice ?0 ter and
to the occupier of the premises, or if there is no occupier to the inspect.
owner, from time to time enter upon any building or lands for the
purpose of inspecting any works or buildings in progress of construction
or alteration, or of making such examination as may be necessary
to ascertain whether the provisions of this Act or of any byelaw
thereunder have been complied with, or of carrying into execution any
of the powers contained in this Act or in any such byelaw, without
being deemecl trespassers or liable to any action, indictment, or other
proceeding on account thereof.
[As to inspection of buildings in course of construction : see s.
147 of this Act; also Act of 1876 s. 90.]
305. In case the occupier of any building or lands prevents the Penalty on
owner thereof from carrying into effect in respect thereof any of the occupiers
provisions of this Act or of any byelaw thereunder, then, after notice opposi~g
of this provision given by the owner to the occupier, any justice, upon execut,ion of
proof thereof, may make an order in writing requiring the occupier to Act.
permit the owner to execute all such works with respect to such
building or lands as may be necessary for carrying into effect the
provisions of this Act or of any such byelaw; and if after the expiration
of ten days from the service of such order the occupier continues to
.refuse to permit the owner to execute any such work he shall for every
day during which he so continues to refme be liable to a penalty not
exceeding five pounds, and during the continuance of such refusal the
owner shall be discharged from any penalties to which he might otherwise
have become liable by reason of his default in executing such
works.
[See note to s. 304.]
180 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. clz.
Sec 306--310 806. Whenever default is made by the owner of any building or
Occupier in lands in the execution of any work by or by virtue of tl1il'I Act or any
default of byelaw thereunder required to be executed by him, the occupier of
such building or lands may, with the approval of the Corporation, cause
such work to be executed, and the expense thereof shall be repaid to
the occupier by the owner, and the occupier may deduct the amount of
such expense out of the rent from time to time becoming due from
him to the owner.
owner may
execute
wo1k~, and
deduct expeoses
from
his rent.
Powei:tokeep 807. The Corporation may from time to time provide and may
materials, &c. keep such materials as they think requisite for enabling them to
execute any works which they are by this Act authorised or required to
execute.
Recovery of
new street
and other
expenses
from owners and others.
Expenses to
be a charge
011 lands as
mortgaged.
Extent to
which occupier
liable in
default of
owner.
XXIII.-RECOVERY OF NEW STREET AND OTHER
EXPENSES.
308. All new street expenses, and all other expense11 by this Act
or any byelaw thereunder made payable by or recoverable from the
owner of any building or lands, or from the occupier of any building
or lands, or from any other person, shalJ, if not paid on demand,
be recoverable by the Cor1)0ration, with interest thereon from the
expiration of one month after such demand, at the rate to be determined
by the Corporation, not exceeding five pounds per centum per annum,
either as a debt from such owner or from such occupier, or from such
other person (as the case may be), in any court of competent
jurisdiction, or by distress and sale of the goods and chattels of such
owner, or of such occupier, or of such other person (as t.he ca~e may
be), and any justice may issue his warrant accordingly.
[Summary proceedings before justices for recovery of expensei<
under this section may be commenced within twelve calendar
months from service of account or statement and demand
thereof; Act of 187G s. 78.]
809. All new street expenses, and other expenses by this Act or
any byelaw thereunder ma.de payable by or recoverable from the owner
of any building or lands, with such interet1t thereon as by this Act
or ally such byelaw is provided for, i;ihall be a charge on such building
or land;, in priority to any incurnbrance or charge on or affecting the
same.
810. Where under the provisions of this Act any money is payable
by or recoverable from the owner of any buildings or lands, the
occupier thereof shall be liable from time to time to the extent of the
amount of the rent for the time bei11g due from him to such owner, or
of the proportion of rent in respect of any current period (the burden
of proving which amount shall be on the occupier), but only as from
the service on the oc~upier of a demand of payment of rent to the
Corporation and notice not to pay the same to the owner, anrl every
such occupier sliall be entitled to deduct any money paid by him
(together with all costs, charges, and expenses incurred by him in
respect of the p!!.ymcnt thereof to the Corporation, or in respect of the
recovery thereof by the Corporation) out of the rent due or becoming
due from him to such owner.
84 & 85 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. un
311. If the owner of any building or lands by this Act charged Sec.311-312
with any new street or other expenses fails for the space of six months Power to
after the same become recoverable from him to fully pay the same, enter into
with all interest thereon, or if any such owner is or becomes bankrupt, or possession,&o,
is after diligent inquiry unknown to the Corporation, or cannot be w~er<1 owner
found by them, then and in every such ease, and as often as the same ,~ils to pa,:
happens, the Corporation (by way of adJitional remedy, and whether 0 ?::;Ps~~~;:
any action or suit or other proceedings against such owner has been or other
brought by them or not) may, on or at any time and from time to time expenses.
after the expiration of one month from service of a notice to such
owner of their intention to put in force the powers of the present
!<ection, proceed as follows; namely,
(1.) The Corporation may enter into receipt of, and demand and
receive from tenants and occupiers and persons liable, the
rents and profits of such building or lands, and in case of
nonpayment may use all or any such lawful remedies, by
way of distreHs or otherwise, for recovering and obtaining
payment of the same, or any part thereof, as may be used
by landlords in ordinary cases, and may do all things
necessary or expedient for recovering and receiving the
rents and profits as if they were the owners of the building
or lands ; and the tenants, occupiers, and persons liable
shall pay the rents and profits to the Corporation, and the
receipt of the treasurer, or of any officer of the Corporation
appointed in that behalf, shall be and shall alone be an
effectual discharge for the same :
(2.) Where any such building or lands is or are unoccupied or
unproductive at the time when the Corporation would be
entitled under this Act to enter into the receipt of the
rents and profits thereof (if any). or at any time afterwards
while the claim of the Corporation is unsatisfied, then and in
every such case, and as often as the same happens, the
Corporation may enter into possession of the building or
lands, and may occupy, enclose, and use the same or any
part thereof :
(3,) The Corporation may from time t-0 time let from year to year,
or for any shorter period, any such unoccupied or unproductive
building or lands, or any part thereof, and receive
the rents and profits thereof, as if they were the owners
thereof.
312. All rents and profits received in respect of auy such build- .A.pplioation
ing or lands as aforesaid shall be applied in the manner and in the of rents and
order following; (namely,) profi.ts
(1.) 1
1.'here shall be paid thereout all taxes, rates, assessments,
expenses of repairs, and other outgoings, properly payable
by the owner in respect of the building or lands (exceptany
chief rent), and all expenses incurred by the Corporation in
relation thereto by reason or in consequence of the failure
of the owner thereof to pay any new street expenses or
other expenses as aforesaid :
(2.) There shall be retained on behalf of the Corporation the
amount which the owner is at the time of the commencement
of such receipt by the Corporation liable to pay on
received.
182
See.313-316
Right of
Corpnration
to rents to
exch1de that
of owner, &c.
So.ving for
special contracts
ns to
expenses of
works.
34& 35 Viet. H udders.field Improvement
Act 1871.
Ch. cli.
account of new street or other expenses, and interest in
respect of the same or any other buildings or lands in the
same or any other street :
(3.) There shall be paid any chief rent payable in respect of the
building or lands:
(4.) The surplus (if any) shall be paid to the owner, his representatives
or assigns.
313. Whenever the Corporation so enter into receipt of the rents
and profits, or into possession of any such building or lands, then for
and in respect of the period during which their claim against the
owner for new street or other expenses is unsatisfied, as well after
the termination of that period as during its continuance, the owner of
the building or lands, and the owner of any chief rent issuing thereout,
shall not have any right to receive any rents or profits of the building
or lands, or have any interest therein, except under the provisiorns of
this Act directing the application of rents and profits received by the
Corporation, and for and in respect of the period aforesaid, as well
after its termination as during its continuance, every or any sueh right
shall, as against any lessee of the building or land", or other person
taking through or under the Corporation, be by virtue of this Act
absolutely extinguished.
314. Nothing in this Act shall alter the liabilities respecting the
payment of any expenses made payable or recoverable by this Act, or
any byelaw thereunder, 0£ any owner and occupier as between themselves
under any special contract relative thereto made before or after
the commencement 0£ this Act.
Power to 315. When any new street or other expenses are to be repaid
allow time for by the owners or occupiers of buildings or lands the Corporation may,
repayment of by resolution, allow to the owners or occupiers, or any of them, time
new stro&et ex- for the repayment thereof or of any part thereof, and may order the
penses, c. t h f b "d . h . b h same or any par t ereo to e repa1 e1t er m one sum or y sue
instalments as the Corporation think fit, with interest for the principal
money from time to time remaining unpaid, after such rate as the
Corporation determine ; but all sums so remaining due, notwithstanding
that the Corporation agree so to allow timt>, shall from time to time,
at the expiration of the several times allowed, be recoverable from the
ref:lpective owners and occupiers for the time being, both present and
future, in succession one after another, as the same would have been
recoverable from the original owner or occupier if no such time had
been allowed, and with respect to any such instalment, the time
limited by this Act or otherwise for the recovery of expenses shall be
deemed to run only from the time when such instalment becomes due.
Pet"Sons 316. All ownerR 0£ buildings or lands being tenants for life only,
"!1aving partial and all committees of lunatics, and all trustees seised, posses1,1ed of, 10!erest8 may or entitled to any c~tate or interest, either at law or equity, in any
M1se expenses b "ld" l d. £ b h lf f ·. · by mortgage m mgs or an s or or on e a o any person or charity, mav · chargp such buildings or lands with such sum as may be neceRsary to
defray the whole or any part of any new street or other expenses
which the owners of such buildings or lands for the time being are
liable to pay, and the expem1es of making such charge ; and for
securing the repayment of such sum, with interest, may mortgage
sueh buildings or lands to any per$Oll advancing such sum, but so that
the principal money due on any such mortgage shall be repaid within
twenty year11.
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 183
317. With respect to any new street or work begun or executed Sec.317-321
by the Corporation before the commencement of this Act, or by their 8 1
predecessors, the Huddersfield Improvement Commissioners, or by any t:i;:;;i; ::
local board now merged in the council, the provisions of this Act to works
relative to new street and other expenses shall apply in every such previous to
case as if such new street or work was begun after the commencement Act.
of this Act; and all notices given and proceedings takeu before the
commencement of this Act, with a view to the beginning or execution
of any such street or work, or to the recovery of the expenses thereof,
shall be as effectual to all intents as if the same had been given or
taken in acordance with the provisions of this Act, and all such notices
and proceedings may after the commencement of this Act be acted on
and continued as if they had been given and taken under this Act.
XXIV.-LANDS.
318. The Lands Clauses Consolidation Acts, 1845, 1860, and Incorporation
1869, ( except the provisions thereof relating to access to the special of general
Act,) as far as they are applicable for the purposes of and not incon- Acts.
sistent with this Act, are hereby incorporated with this Act.
319. And whereas in the case of the several properties hereinafter Owner may
referred to portions only thereof will be sufficient for the purpose be required to
of effecting the improvements and works by this Act authorised, sell par~sonly
and those portions can be severed from the remainder of the several ohf certai&n . . h . 1 d . t 1 Tl f ouses, c. properties wit out any mater1a etrm1en t 10reto: 1ere ore,
notwithstanding section 92 of " The Lands Clauses Consolidation
Act, 1845," be it enacted, that the owners of and persons interested
in the lancls and buildings numbered respectively on the deposited
plans aud in the deposited book of reference 1, 2, 8, 12, 13,
14, 15, 16, and 33, in the parish of Almondbury, and 106, 124,
275, 276, 277, 278, 280, 281, 282, 284, 297, and 298, in the parish
of Huddersfield, may be required to sell and convey to the Corporation
the parts only of the premises required for the improvements and
works shown on such plans, the Corporation paying for the parts so
required, and making compensation for any damage sustained by such
owners; and in taking or requiring such parts only of properties by
this section authorised to be taken, the Corporation shall specify to
the owners thereof the nature of the works intended to be executed
thereon, and the height and situation of buildings, if any, proposed to
be erected thereon, and shall not afterwards vary the situation and
lines of such specified works, or increase the height of such buildings,
without the consent in writing of such owners.
320. The Corporation may from time to time enter on, take, and Power to take
use such of the lands shown on and described in the deposited plans lands.
and book of reference as they require £or the purposes of any Act, or
for providing space for the erection of houses and buildings adjoining
or near thereto.
321. I£ any omission, mis-statement, or erroneous description is Correction of
found to have been made of any lands, or of any owners, lessees, or errors, omiaoccupiers
of any lands described or intended to be described in the sions. &o.
deposited plans or book of reference, the Corporation may apply to
two justices, not being members of the council, for the correction
thereof, after giving ten days notice to the owners of the lands
effected by the proposed correction ; and if it appears to such justices
184 34& 35 Viet. H udders/i,eld Improvement
Act 1871.
Ch. cli.
Sec.322-325 that the on11ss10n, mis-statement, or erroneous description arose from
mistake, they sl1all certify the same, stating the particulars of the
omisl!ion, mis-statement, or erroneous description, and such certificate
shall be deposited with the clerk of the peace for the west riding, and
shall be kept by him with the other documents to which it relates, and
subject and according to the same enactments and provisions as apply
to those other documents, and thereupon the deposited plans or book
of reference, as the case requires, shall be deemed to be cotTected
according to the certificate, and the Corporation may enter on, take,
hold, and use those lands accordingly.
Provision as
to houses of
labouring
classes.
Time for
compulsory
purchase.
[The notice to be given to owners is also to be given to lessees
and occupiers : Act of 1880 s. 104.]
322. The Corporation shall, not less than eight weeks before,
under the powers of this Act, they take compulsorily in any district
of the borough houses amounting to fifteen in number occupied by
persons belonging to the labouring classes either wholly or partially as tenants or lodgers, make known their intention to take such houses
by placards, handbills, or other general notice placed in public view
upon or within a reasonable distance from such house11, and the
Corporation shall not take compulsorily any such houses until they
have obtained the certificate of a justice that it has been proved to
hiR satisfaction that the Corporation have so made known their
intention, and any justice, on production of such evidence as he
thinks sufficient, shall grant such certificate:
323. The powers of the Corporation for the compulsory purchase
of lands for purposes of this Act shall not be exercised after the
expiration of the following periods from the commencement of this
Act; (that is to say,)
For purposes of new streets and improvements of streets and bridge,
ten years:
For a1Jy other purpose of this Act, five years.
Power to take 324. 'l'hc Corporation may from time to time for the purposes of
additional this Act take by agreement, in addition to the lands which they are· ~~!:1;!nt. authorised to take by compulsion, any lands within the borough, and
may hold the same, but the lands held by them under this provision,
exclusive of lands held for purposes of parks, recreation grounds, anil
public garden!.', Rhall not exceed iu the whole at any one time twenty
acres, or inclusive thereof one hundred acres.
[See also Act of 1876 s. 115 ; Act of 1880 s. 97 ; Act of
1882 s. 44; and Improvement Act 1890 s. 25 where summary
given.]
Power to 325. The Corporation may take by agreement, and any person
agree for by the Lands Clauses Consolidation Act, 1845, or otherwise enabled
easeruent.s,&c. to sell lands may grant to them, any term, estate, easement, interest,
right, 01• prfrilege (other than a right or privilege of water) in, ovt>r,
affecting, or belonging to lands, at a yearly rent or otherwise; but in
the case of a person not enabled otherwise than by the Lands Clauses
C,msolidation Act, 1815, to sell lands, then, subject and according to
the provisions relative to the taking of lands by agreement contained
in that Act, and the Lands Claust>s Consolidation Acts Amendment
Act, 1860, for which purpose any such term, estate, easement, interest,
right, or privilege 1:1hall be deemed lands within the meaning of those
Acts.
34 & 85 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 185
826. In case any lands acquired by the Corporation before or Sec-328-328
after the commencement of this Act £or the purpose of any park or P t
new stree~ f?r the time being authorised to be made by the Corporation g~a:~~u~ding
are not laid mto and made part of the park or street, or where any leases of lands
lands are taken by the Corporation for providing space for the near park,
erection of buildings adjoining to or near any street or improvement, &c.
or in case, in the opinion of the Corporation, it shall be desirable to
sell or lease the same, the Corporation, when and as they think fit,
may convey the same absolutely to anv person willing to purchase
the same, or demise for any term of years such lands, or any parts
thereof, to any persons agreeing to erect thereon, or any parts
thereof, erections and buildings of such rate or class of buildings, and
upon such plan and elevation, and of such height, and with such
storeys, and with such yards or gardens, as the Corporation think
proper; and the Corporation may (if they think fit) take any fine for any
such conveyance or lease, and may (if they think fit) reserve any rent
in any such conveyance or lease, and everv such conveyance or lease
shall contain a covenant for the payment of any rent thereby reserved,
and such other covenants on the part of the grantee or lessee as the
Corp0mtion think reasonable, and may contain a clause in the nature
of a condition of re-entry on non payment of any rent thereby reserved
or nonperformance of the covenants on the part of the grantee or
lessee therein contained.
327. The Corporation may, if they think fit, from time to time Power to
enter into any agreement for such a conveyance or lease on such terms make agree
and conditions as they think fit, and on making a conveyance or lease :;'~fJ? 88 to
in pursuance thereof may alter the amount of the rent agreed I ui rng&c
b d d . h d k etses, . to e reserve , an may apportion t e same an ma e separate
leases of any parts of the lands comprised in the agreement as they
think fit, and may alter or rescind any such agreement, and the
Corporation may accept any re-conveyance or the surrender of any
lease for the purpose of making separate conveyances or leasea of the
same lands in varcels at apportioned rents, or anotl1er conveyance or
lease of the t>ame lands under different covenants, or otherwise, in all
respects as they think fit.
328. The Corporation, as and when they think fit, and either Sale of land
before or after any such conveyance or lease is granted, may sell and subj.-ct to
dispose of any rent reserved or agreed to be reserved for any such buildinr
lands, and the reversion and inheritance in fee simple in possession leases, &c.
(subject to any such lease or agreement of or concerning the lands)
of such erections and buildings, except such as have been otherwise
disposed of under this Act, either altogether or in parcels, by public
auction or by private contract, for such price as the Corporation
think reasonable, and subject to such stipulations and provisions for
the enjoyment thereof, and as to the nature of the erections and
buildings which are to be at all times erectf:d thereon, and to such
stipulations as to the title to be produced to the hereditaments sold,
as the Corporation think fit; and the Corporation shall, at the
request and expense of each purchaser, on payment of his purchase
money, by deed convey and assure the lands purchased by him, with
the erections and buildings thereon, and the appurtenances, to the
purchaser, his heirs and assigns, or as he directs, free from incumbrances,
except the building, conveyance, lease, or agreement of or
concerning the same made under this Act,
186 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Sec.329-334 329. The Corporation, if they think it expedient, may from time
Power to sell to time sell and dispose of, in manner hereinbefore directed, any such
without pre• lands as aforesaid without having previously made or agreed to make
vious grant any conveyance or lease thereof, and convey aud assure the same to
of building the purchaser thereof for such price, and upon, under, and subject to
lease. such covenants and agreements on the part of the purchaser with
Salea to be
made within
limited time.
respect to the ratil or class of the erections and buildings to be
erected thereon, and the height, size, and elevations thereof, and the
time and manner of erecting the same, and with respect to any other
matters, restrictions, and things relating thereto, as the Corporation
think fit.
330. The Corporation shall, before or at any time within ten
years after the completion of the park or street for the purposes
whereof any lands are acquired, sell or dispose of and convey such
parts of those lands as are not wanted for the purposes of the same
park or street, or of any other park or street for the time being
authorised. to be made by the Corporation ; but nothing in the present
section shall compel the Corporation to sell or dispose of rents reserved
in any such conveyances or leases aforesaid.
Power to sell, 331. Subject to the other provisions of this Act, the Corporation
&c. lands not may from time to time sell, lease, exchange, or otherwise dispose of
wanted. any building or lands, or any parts thereof, vested in them at the
commencement of this Act, or acquired by them under this Act and
not wanted for the purposes thereof, and make, execute,. and do any
deed, act, or thing proper for effectuating any such sale, lease,
exchange, or other disposition.
[This section is not to prevent the inclusion in a sale of land of
the soil of a footway in a street adjoining, subject to the
reservation of the public right of way: Act of 1880 s. 103.]
Application of 382. Any purchase money received on any sale of land, and any
purchase money received for equality of exchange by the Corporation under
money ofland. this Act, shall be distinguished as capital in the accounts of the
Corporatiou, ancl shall be applied exclusively for purposes for which
money borrowed under 1 his Act is applicable, or in discharge of money
so borrowed, and any money so discharged shall not be re-borrowed.
Lands in 333. Except as to buildings or lands acquired by the Corporation
certain cases under any Act repealed by this Act, or under the Public Health Acts,
n~t ~0 be sold or under this Act, nothing in this Act shall enable the Corporation to
wit t o~t con- sell, alienate, encumber, or demise for the purposes of this A.et, with~r~a:ury.
out the approbation of the Commissioners of Her Majesty's Treasury
~ignified in writing, any buildings or lands which they could not have
sold, alienated, encumbe1·ed, or demised without such approbation
before the commencement of this Act.
Other pro- visions as to
borough fund
and iate, &c.
excluded.
XXV.-BOIWUGH FUND AND BOROUGH RATE.
334. Jfrom and after the commencement of this Act, the provisions
of the Municipal Corporations Acts relative to the creation of a
borough fund and to the levying of borough rates and watch rates,
and the provisions of any Act authorising the levying of rates for the
purposes of baths and wash-houses, and bathing places, libraries, and
34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 187
museums, schools of science and art, shall cease to apply to the Sec. 335-336
borough.
[Power to establish public libraries &c. given by s. 210 and
to provide baths by s. 213 of this Act: see pages 150 and 151.]
335. For the purposes of this Act there shall be a fund called Borough
the borough fund, and with respect thereto the following provisions Fuutl.
shall have effect (namely,)
(1.) From and after the commencement of this Act there shall be
paid to the treasurer, and by him on receipt carried to the
borough fund, all such rents and profit11 of land as are under
this Act qr otherwise for the time being receivable by the
Corporation, or any .member or officer thereof as such, and
all money as belonging Qr payable to the Corporation, or any
member or officer thereof as such (except money borrowed
under the authority of this Act), including the following
particulars; (namely,)
(2.)
(3.)
All money in the hands of the treasurer on the borough
or any district fund account at the commencement of this
Act:
All money from time to time payable for new street or
other expenses, purchase money of, consideration for, and
fines on lan<l sold, leased, exchanged, or disposed of by the
Corporation under this Act, market, fair, and slaughterhouse
tolls, rents, and stallages, sums received by the Corporation
for the sale or other disposal of sewage, and in
respect of the burial ground, and of bath and wash-houses,
fees for licenses, and fines and penalties inflicted under thig
Act or under the Municipal Corporations Acts (except as
therein otherwise provided) :
But this enumeration of certain particulars shall not
restrict the generality of the description before given in the
present provision :
Out of the fund there shall be paid all the expenses of the
Corporation under the Municipal Corporations Acts and
this Act, and the Acts relating to the burial ground, and
otherwise:
In case the fund is at any time more than sufficient to pay
the expenses payable thereout, the surplus thereof shall
be applied under the direction of the council for the
public benefit of the inhabitants or improvement of the
borough:
336. In case the borough fund is at any time insufficient to pay Power to levy
the expenses payable thereout, the Council shall from time to time, borough rate.
annually or oftener, as and when they think fit, estimate as correctly
as may ·be the amount, in addition to the borough fund, which will
be sufficient to pay those expenses, and shall raise the same by means
of a rate called the borough rate; and accordingly such a rate the
Corporation shall, annually or oftener, as and when they think fit,
make, assess, and levy on the occupiers of all such kinds of property
as by the laws in force for the time being are assessable to any rate
for the relief of the poor according to the net annual value of such
property ; and the Corporation may levy any such rate either in one
188 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Sec.337-341 sum or payment or by such number of instalments, of such amounts,
and to be paid at such times, as they shall from time to time fix and
determine at the time of making such rate; and in the case of a rate
payable by instalments, the demand note shall, in addition to other
requisite particulars, state the times appointed for payment of such
instalments; and all the powers and remedies of the Corporation for the
recovery of rates shall extend and apply to each instalment as fully as
if the same were a separate rate.
Distinct estimates
for
sewers, &c.
Separate
acco:rnts for
districts.
Borough rate
to vary
according to
districts.
337. The Corporation in estimating on each oceMion the amount
required to be raised by the borough rate shall distinguish what is
required for the following purposes; (namely,)
Sewer purposes:
Bul'ial ground purposes :
Lodging-hou8e purposes.
[See also ss. 296-7 of this Act, page 176.]
338. The Corporation shall keep separate accounts of receipts
and expenditure in respect of the several districts of the borough
for all purposes for which the rates are not equal and uniform
throughout the borough, and in those accounts shall debit each
district with the expenditure made in and for the same, and shall credit
each district with the receipts therefrom in respect of borough rate or
otherwise.
339. The Corporation in making from time to time the borough
rate shall have regard to the state of the separate accounts and
expenses of the several districts aforesaid, and may vary accor,ling
thereto the rate and the amounts to be for the time being raised by
borough rate in the several districts, but they may make the borough
rate, or such proportion thereof as is applicable to highways, sewers,
lighting, scavenging, or other general purposes, uniform over the
whole borough, or over any two or more districts thereof; and from
the time of any parts or proportions of borough rate being so made
uniform the keepi11g of separate accounts for the several districts of
the expenditure represented by the rate or proportion of rate so made
uniform shall cease: Provided that the rate or proportion of rate for
any purpose for which the rates are not uniform and equal throughout
the borough at the commencement of this Act shall not be equalised
or made uniform except by resolution passed by the votes of at least
two thirds in number of the whole council.
Rates may be 340. The Corporation may make any rate prospectively in order
prospectiv~ or to raise money to pay expenses to be incurred after the making of the
retrospective. rate, or retrospectively in order to raise money to pay expenses
incurred before the making of the rate, whether before or after the
commencement of this Act, or partly prospectively and partly
retroi!pectively.
Assessments 341. Whenever and as far as the Corporation make a borough
for tithes, rate a:; follows; (that is to say,) railways, &c.
in certain (1.) oases. On the Improvement Act area described in the second schedule
to this Act fo1· purposes other than the following; (namely),
purpoees of the Municipal Corporations Acts, and purposes
mentioned in or authorised by the Improvement Act of
1848, and enactments incorporated therewith ;
34& 35 Viet. Huddersfield 1 mprovement
Act 1871.
Ch. cli. 189
(2.) On any other part of the borough for purposes other than Sec-342-344
the following; (namely,) highway purposes, police purposes,
and purposes of t~e Municipal Corporations Acts;
then and with respect to so much of the rate as is made on the
respective parts of the borough aforesaid for purposes other than the
purposes aforesaid, the owner of any tithes or tithe commutation
rentcharge, and the occupier of any land used as arable, meadow, or
pasture ground only, or as woodlands, market gardens, or nursery
grounds, and the occupier of any land covered with water or used only
as a canal or towing-path for the same, or as a railway conl'ltructed or
used under the powers of any Act of Parliament for public traffic,
shall be assessed in respect of the same in the proportion ot one
fourth part only of the net annual value thereof, or shall have the
benefit of this partial exemption by means of 11, proportionate deduction
or abatement from the amount assessed.
[ l'hese provisions embodied in subsequent Acts: Act of 18i6
s. 184; Act of 1880 s. 114 (except in respect of Tramways
purposes); Act of 1882 s. 59; Improvement Act 1890 s. 42;
Waterworks Act 1890 s. 51.
This section not to apply to rate made for School Board
purposes : Act of 1882 s. 58.]
342. The owner instead of the occupier of the property may Powel" to ra.te
from time to time, at the option of the Corporation, be rated in the o~ner in.ste~d
following easel!; (namely,) ol cccup1er in c,,.ses
( I.) Where the rateable value of the property rated does not described.
exceed the sum of six pounds ;
(2.) Where buildings are let in separate apartments;
(3.) Where the rents become payable or are collected at any
shorter period than quarterly ;
(4.) Where the property rated is a mill, manufactory, machine
shop, or other work wherein or in any part whereof steam
power is supplied by the owner ;
and where the owner is so rated he shall be entitled to a deduction
of ten per centum on the amount of the rates when paid by him.
[Amended by Act of 1876 s. 120 in the following respects:-
Owner not entitled to deduction unless he pay rate within
one calendar month after demand.
Owner may unless it is otherwise agreed, recover the rate
from occupier.
Owner of a mill, &c. supplying steam power to be deemed
the ocbupier unle11s the Corporation otherwise order.
As to extent to which occupier is liable in default of
owner : see Act of 1876 s. 121.]
843. Subject to the other provisions of this Act, the net annual Value of
value of all property rateable under this A et shall on every occasion property ~0
of a rate being made be ascertained according to the then next pre- beasc;.rtai:d
ceding assessment for the relief of the poor within the borough. ;~~~r ~~!.
344. The council may cause all or any of the books or assessments Power for
of rates for the relief of the poor within the borough to be produced council, &c.
before them or their proper officer at their office, and may cause a copy to i?apect
thereof, or of any part thereof, to be taken without payment, and if bar:h rate
any person in whose custody or power any such book or assessment is 00 a.
190 34 & 35 Viet. Huddersfield Improvement
Act 187 J.
Ch. cli.
Sec.345-350 fails, when required, to attend the council there.with, or to permit the
council to cause to be taken a copy thereof, or of any part thereof, he
shall be liable to a penalty not exceeding fifty pounds.
Assessment
to rates in
case of
unoccupied
premises.
345. If at the time of making any borough rate any premises in
respect of which the rate may be made are unoccupied such premises
shall be included in the rate, but the rate shall not be charged on any
person in respect of the same whilst they continue to be unoccupied,
and if any such premises are afterwards occupied during any part of
the period for which the rate was made, and before the same has been
fully paid, the name of the incoming tenant shall be inserted in the
rate, and thereupon so much of the rate as at the commencement of
his tenancy is in proportion to the remainder of the said period shall
be collected, recovered, and J)aid in the same manner in all respects as
if the premises had been occupied at the time when the rate was made;
but the exemption in this section of unoccupied premises shall not
apply to that portion (if any) of any borough rate which is assessed in
respect of sewers, and the owner of any unoccupied premises shall be
liable to that portion of the rate.
Apportion-. 346. If any owner or occupier assessed or liable to the borough
b~nt of rat:s rate ceases to be owner or occupier of the premises in respect whereof ;:,i:;:!t · be is assessed or liable before the end of the period for which the rate
incoming was made, and before the same is fully paid, he shall be liable to pay
tenants, &c. only a part of the rate proportionate to the time during which he
continues to be such owner or occupier; and if any person afterwards
becomes owner or occupier of the premises during part of the same
period he shall pay a part of the rate proportionate to the time during
which he continues to be such owner or occupier, and the same shall be
recovered from him in the same manner as if he had been originally
assessed or liable.
If poor rates
considered
an unfair
crit,erion, a
valuation to
be made.
Power to
valuer to
enter and
examine
lands, &c.
for purposes
of valuation.
347. If at any time the rate for the relief of the poor is in the
judgment of the Corporation an unfair criterion by which any rates
under this .Act should be made, they may cause a valuation to be made
of all or any part of the rateable property within the borough by some
competent person, and any rat€ under this Act shall, as to the property
comprised in such valuation, be made upon such valuation.
348. For the purpose of every such valuation the person appointed
for making the E<ame, together with his assistants, may at all reasonable
times until the same is completed enter, view, and examine, survey,
and admeasure all and every part of the property to be valued, and do
any act or thing necessary for making such valuation, but any valuation
made previously to the appointment of such person, if tendered to him,
and if in his judgment a j11st and true valuation, may be used by him.
Form of rate. 349. Every borough rate made under the authority of this Act
shall be fairly transcribed in a book, and shall be sealed with the
common seal of the Corporation, and no allowance, publication, or
other formality whatever other than such as is expressly prescribed by
this Act shall be requisite to the validity of any such rate.
[See form of Rate Book: Fourth Schedule No. 8.]
Owner may be 350. ·where the name of any owner liable to be so rated is not
rated without after diligent inquiry known to the officer of the Corporation by
stating his whom the rate book is made, it shall be sufficient to rate such owner
name. in the rate book as the owner of the property to be rated by the
designation of "the owner," without stating his name.
34 & 35 Viet. Huddersfield Improvement
Act 187 l.
Ch. cli. 191 .
351. Notice of every borough rate made under this Act having Sec.351-355
been made, and of the vlace where the rate is deposited, shall be N t· f rat
given by the Corporation by placard posted on or near the door of too b~~i:en. e
the town hall, and by advertisement in a newspaper published in the
borough within seven days next after the rate is made, and in the case
of a railway company notice in writing of the rate shall be delivered or
sent by post addressed to the secretary of the company at their
principal office or place of business, but it shall not be necessary in any
case to prove that such notice has been given.
[See form of Notice of Rate: Fourth Schedule No. 9.]
352. Immediately after any borough rate is ma<le the same shall Rate to be
be open to the inspection of any person rated at all seasonable times, ?pen to_
and any such person may take copies of or extracts from sueh rate impection of
without payment, and if the person liaving the custody of such rate ratepayers.
does not permit any person rated to take such copies or extracts he
shall be liable to a penalty not exceeding five pounds.
353. The Corporation may from time to time amend any rate by Power to
inserting therein the name of any person who ought to have been amend rates.
rated, or who since the making thereof has become liable to be rated,
or by striking out the name of any person who ought not to have been
rated, or by increasing or reducing the sum at which any person is
rated, or by making such other alterations therein as will make such
rate conformable to this Act; and no such alterations shall be held to
vitiate the rate or render it less operative, but any person shall have
the same right to appeal from any such amendment as he would have
had if the matter of amendment had appeared in the rate originally
made, and with respect to him the amended rate shall be considered to
have been made at the time when he received notice of the amendment;
and in the case of any person the amount of whose rate is increased
by the amendment, or whose name is newly inserted 11s aforesaid, the
rate shall not be payable by him until seven days after notice of the
amendment given to him.
354. If any person thinks himself aggrieved by auy rate on the Persons
ground of inequality, unfairness, or incorrectness in the valuation of aggrieved by
any rateable property included therein, he may, at any meeting of the inequality of
council held at any time within six weeks after the publication of the rat~ ~ay
rate, on giving six days notice to the Corporation, apply for relief to ~irfcn~
the council, and the council, if they think such person aggrieved, may
give such relief as to them seems reasonable.
355. If any person fails to pay the amount due by him in respect Rates may be
of any rate, the Corporation may recover the amount, with the costs rec?vered by
and expenses, by proceeding in any court of competent jurisdiction, or d:i~ttion or . . th 1· . f h C . h is ress. any Justice may, on e app 1cat1011 o t e orporat10n, summon sue
person to appear before him or any other justice at the time to be
mentioned in the summons, to show cause why the rate due from him
should not be paid, and in case sufficient cause for the non-payment of
such rate is not shown, the same, with such costs as to the justice seems
reasonable, may be levied by distress, and such justice may issue his
warrant accordingly ; provided that if sufficient distress cannot be
found within the borough whereon to levy the said rate and costs, and
it so appears upon oath before a justice of any other jurisdiction in
which any goods or chattels of the defaulter may be, the last-mentioned
justice shall endorse hii,; signature upon the said warrant, and thereupon
. 192 34 & 35 Viet . H udders /i eld 1 mprovement
Act 1871.
Ch. cli.
Sec.356-361 the amount to be levied, or so much thereof as is umatisfied, shall be
levied off the last-mentioned goods and chattels as if the defaulter had
been assessed in the last-mentioned county or jurisdiction.
Rates made
for a certain
period to be
apportione,d.
Recovery of
rates from
persons
removing.
[See regulations as to distress : i;,. 397 of this Act.
See form of warrant of distrese, Fourth Schedule No. 10.
This section extended to all moneys due to the Corporation
in respect of gas or water supply: Act of 1876 s. 123]
856. When any rate is made for a particular period, and the
owner or occupier rated ceases to be the owner or occupier of the
property in respect whereof he is rated before the end 0£ such period,
he shall only be liable to pay the proportion of the rate for the time
during which he continued owner or occupier; and if any other person
becomes the owner or occupier of the property during any part of
such period, such person shall only be liable to pay the proportion of
the rate for the time during which he holds or occupies the property,
and the same may be recovered from him as if he had been originally
rated.
867. Jn case any person quits or is a bout to quit any rated
property before l,e has paid all rates due from him, and fails to pay
the same on demand, the collector or any constable may, by warrant
under the hand of a justice (which warrant a justice is hereby
authorised and required to grant without issuing any previous summons
to such person, upon proof to his satisfaction of such removal or
intended removal, or that there is reason to suspect the same), distrain
the goods and chattels of such person, and sell the same, rendering the
overplus (if any), after having deducted the reasonable expenses
attending such distress and sale, together with the rates so due, to the
owner of such goods and chattels upon demand.
[Extended to all moneys due to the Corporation in respect of gas
or water supply: Act of 1876 s. 122.]
!0
~~:~~: f~~ 368. 'l'he Corporation may, if they think fit, reduce or remit to
poverty. any person the payment of any rate on account of his poverty.
Rate books to 859. The books of the Corporation shall be received as evidence
be evidence. of rates made by the authority 0£ this Act.
Produce of 360. All money .levied by means of the borough rate shall be
rate .to be paid to the treasurer, and shall be carried to and shall form part of
~:::;htfond, the borough fund, and shall be applied accordingly.
Power to
borrow to
specified
amount.
XXVI.-BORROWING POWERS.
861. The Corporation may from time to time, for defraying the
expenses of the execution by them of this Act, in addition to any
mortgage debts existing at the commencement of this Act, and charged
on the borough fund or borough rates or on any fund or any rates of
any district of the borough, or authorised by any Act relating to the
borough or to any part thereof, borrow at interest on the security of
the borough fond and borough rate any sums not exceeding in the
whole one hundred and fifty thousand pounds, and may mortgage the
borough fund and borough rate to secure repayment thereof, with
interest, accordingly.
[As to borrowing under the Local Loans Act 1875: see Act of
1882 s. 54.]
34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 193
362. Notwithstanding any limitation in this Act, and in addition See.362-369
to any sum specifically authorised to be borrowed under this Act, the General
Corporation may from time to time borrow at interest on the security borrowing
of the borough fund and borough rates so much money as they deem power.
necessary for defraying the expenses of the execution by them of this
Act, so that the money borrowed under this section do not at any time
exceed in the whole the assessable value for one year of the property
within the borough rateable to the borough rate, and may mortgage
the borough fund and borough rate to secure repayment thereof, with
interest, accordingly.
363. Nothing in this Act shall authorise the Corporation to Saving for
borrow on the security or for purposes of their waterworks undertaking, f aterworka
or otherwise affect the Huddersfield Waterworks Act, 1869. et.
364. With respect to money for the time being borrowed by the Po;er to
Corporation for the purchase of lands for sewerage works or distri- ma e_!and8
bution of sewage, or for purposes connected therewith, the Corporation secun Y·
may give those lands, or any of them, as the primary security for the
money so borrowed.
365. Subject to the foregoing provisions, all borrowed money at Transfer to
the commencement of this Act charged on the borough fund created bor_ough fund.
by the Municipal Corporations Acts and the borough rate thereunder,
or .either of them, or on the funds or rates of the several districts of
the borough, is hereby transferred to and charged on the borough fund
and borough rate, and all mort~ages issued before the commencement
of this Act shall have effect accordingly.
366. The Corporation may from time to time call in, convert, or Pa7~ent of
pay off with money borrowed under this Act all or any of the e~1stmg
mortgages and debts existing at the commencement of this Act, and O arges.
charged on any fund or rate other than the borough fund or borough
rate.
[Power to arrange with mortgagees and annuitants is given by
s. 382 of this Act.]
367. The Public Works Loan Commissioners may advance to Pow1;r to
the Corporation on the security of the borough rate, without any PLubho0 Works
f rth . h f h . . h" k fi oan om- u er security, sue sums o money as t ose comm1ss10ners t m t, missioners to
to be applied by the Corporation in carrying into effect the purposes of lend money.
this Act.
[This section does not apply to the borrowing of moneys under
the later Acts: Act of 1876 s. 125.]
368. A person lending money to the Corporation shall not be Protection of
bound or entitled to inquire as to the observance by them of any lenders frvm
provision of this Act, or be bound to see to the application or be inquiry.
answerable for any loss or non-application of such money, or of any
part thereof.
369. I£ the Corporation pay off any part of any money borrowed Power to
by them under this Act or under any former Act, and remaining re-borrow.
unpaid at the commencement of this Act, otherwise than by means
of a sinking fund, they may re-borrow the same, and so from time
to time. ·
194 84& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Sec.370-373 370 All money borrowed under this Act shall be appropriated
to purposes for which it is authorised to be borrowed, and shall be
expended exclusively on works or objects on which capital may
properly be expended, and not in defraying the expenses of maintenance
of any works or other ordinary current expenses of or
Application
ot money
borrowed.
Saviug for
existing
charges.
Regulations
as to mort.
gages.
Transfers of
mortgages.
connected with any work or establishment.
371. Nothing in this Act shall prejudicially alfect any charge on the corporate estates of the Corporation and the borough fund and
borough rates, or any of them, or on any fund or rate of any district
of the borough, by way of amiuity, mortgage, or otherwise, subsistiag
at the commencement of this Act; and every annuitant, mortgagee, or incumbrancer or person for the time being entitled to the benefit
of any such charge shall have the same priority of charge, and all the
like rights and remedies in respect of the property subject to his
charge, as if this Act had not been passed ; and all Ruch charges
created before the commencement of this Act shall during the
subsistence thereof have priority over any mortgage granted under
this Act.
372. With respect to mortgages made under this Act, the following
provisions shall have effect ; (namely,)
(1.) Every mortgage shall be by deed under the corporate seal of
the Corporation :
[See Form of Mortgage: Fourth Schedule No 11.]
(2.) The mortgagees, and their respective representatives and
assigns, shall in proportion to tho sums secured be creditors
on the property mortgaged to them respectively, equally
one with another, without preference by reason of priority
of date or otherwise :
(3.) A register of the mortgages shall be kept by the town clerk,
and within fourteen days after the date of each mortgage
an entry of the number and date thereof, and of the
names of the parties thereto, with their additions, shall be
made in the regi,iter, which may be perused at all reasonable
times by any person interested in any mortgage, without
payment.
373. With respect to transfers of mortgages made under this
Act, the following provisions shall take effer.t; (namely,)
(1.) Any person entitled to a mortgage may transfer his interest
therein to any other person by deed :
[See Form of Transfer of Mortgage: Fourth Schedule No. 12.]
(2.) Within thirty days after the date of every such deed of
transfer it shall be produced to the town clerk, who shall
cause an entry thereof to be made in a registry of t~ansfers
of mortgages, on payment of a sum not exceedmg five
shillings, and after such entry every such transfer shall
entitle the transferee, his representatives and assigns, to
the full benefit of the original mortgage in all respects
(including the power of transfer), and any person having
made such a transfer shall not have power to release or
discharge the mortgage transferred, or any money thereby
secured.
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 195
374. With respect to the repayment of money borrowed on Sec.374-375
mortgages made under this Act, tlie following provisions shall take Repayment of
effect; (namely,) money
(1.) The Corporation may, if they think proper, fix a period for boiTowed on
such repayment, and in that case they shall cause such period mortgage.
to be inserted in the mortgage, and on the expiration
thereof the principal sum, with the interest accrued thereon,
shall, on demand, be paid to the person entitled to receive
the same, and if the place of payment is not inserted in the
deed the payment shall be made at the town hall :
(2.) li a time is not fixed in the mortgage deed £or such repayment,
the person entitled to receive such money may at any time
after the expiration of twelve months from the date of such
deed demand payment of the principal money thereby
secured and interest, on giving- six months previous notice
for that purpose; and in the like case the Corporation may
at any time pay off the money borrowed on giving the like
notice, and every such notice shall be in writing or print, or
partly in writing and partly in print, and if given by the
Corporation shall be given personally to the person entitled
as aforesaid, or left at his residence, or if he is unknown to
the Corporation, or cannot be found after diligent inquiry,
such notice shall be given by advertisement in the London
Gazette:
(3.) If the Corporation give notice of their intention to pay off
any mortgage at a time when the same may be lawfully
paid off by them, then at the expiration of such notice aU
further interest shall cease to be payable thereon, unless on
demand of payment made pursuant to such notice, or at
any time thereafter, the Corporation fail to pay the principal
and interest due at the expiration of notice:
(4.) In order to discharire the principal money borrowed or continued as a
charge, or transferred under this Act, the Corporation shall every
year, by the borrowing or the transfer th&reof, appropriate out of the
borough fond a sum equal to one Aftieth part of the amount originally
borrowed on the security of that fund for a sinking fond, to be from
time to time invested in the purchase of Exchequer bills or other
Government securities, and to be increased by accumulation in the way
of compound interest, or otherwise, until the same is of sufficient
amount to pay off the principal debts or some part thereof which the
Corporation think ought then to be paid off, at which time the same shall be so applied in paying off the same :
(5.) Whenever the Corporation are able to pay off one or more of the mortgages
payable, but are not able to pay off the whole of the same class, t.hey
shall decide by lot the order of payment among that class, and shall
can11e a notice, signed by the town clerk, to be giTen to the persons
entitled to the money to be paid off according to such decision, and
such notice shall express the principal sum proposed to be paid off,
a.nd that the same will be paid, together with tbe interest due
thereon, at a place to be specified, at the expiration of six months
from the date of such notice.
[Subsections l4) and (5) of this section are repealed and replaced
by other provisions: Act of 1876 s. 129.]
376. With respect to a receiver, the following provisions shall Power for
take effect; (namely,) mortgagees
(1.) If within thirty days after the interest accruing upon any to 0 ?tain a
h. h receiver. mortgage made under t 1s Act as become payable, and
196
Sec.376-380
Accounts
open to
mortgagees.
84& 86 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
(2.)
(3.)
after demand thereof in writing, the same is not paid, the
mortgagee may (without prejudice to his right to sue for
the same) require the appointment of a receiver:
If within six months after the principal money owing upon
any such mortgage has become payable, and after demand
thereof in writing, the same is not paid, with all interest
due in respect thereof, the mortgagee (without prejudice to
his right to sue for such principal money and interest)
may, if his debt amounts to one tenth of the whole amount
for the time being due on mortgages made under this Act,
alone, or if his debt does not amount to the said one tenth,
then in conjunction with other mortgagees whose debts
being so in arrear after demand as aforesaid together with
his amount to the said one tenth, require the appointment
of a receiver :
Every application £or such a receiver shall be made to two
justices, who may by order in writing, after hearing the
parties, appoint some person to receive the whole or a
competent part of the income producing the borough fund
until such interest, or until such principal and interest (as
the case may be), with all costs (including the charges of
receiving the income), be fully paid, and thenceforth all
such income, or such part thereof as the justices order,
shall be paid to the receiver so appointed, and the money
so paid shall be so much money received to the use of the
person on whose behalf the receiver is appointed, and
after such interests and costs, or such principal, interest,
and costs, have been fully paid, the powers of the receiver
shall cease.
378. The books of account of the Corporation shall be open at
all reasonable times to the inspection of the mortgagees of the
Corporation, with liberty to take ex.tracts therefrom without payment.
Powertoraise 377. The Corporation may, if they think fit, raise all or any
mon~y.by part of the money borrowed under this .A.et by granting annuities,
annuities. either £or years, or for life or lives, or in perpetuity, and for that
purpose the Corporation may, by deed under their common seal,
grant annuities accordingly. ·
Price of
annuities.
Register,
transfer, &o.
of annuities.
Coupons for
interest on
mortgage••
378. The price to be paid £or any annuity under this Act shall
not be less than the price payable at the time of the contract for the
same for a like annuity from the Commissioners for the Reduction of
the National Debt.
379. The provisions of this Act respecting the register, transfer,
and register of transfers of mortgages shall apply to tho register,
transfer, and register of transfers of annuities under this Act.
380. The Corporation may from time to time, if they think fit,
issue to holders of mortgages of the Corporation coupons for the
interest from time to time to fall due on the respective mortgages,
which coupons may be in such form as the Corporation from time to
time think fit, so as every coupon do refer to the mortgage to which
it relates, and do specify the amount and time of payment of one
half year's interest to fall due on the principal money secured by the
34& 35 Viet. Huddersfield l mprovement
Act 1871.
Ch. cli. 197
mortgage, and be authenticated by the signatures of two persons See.381-882
thereunto expressly authorised by the Corporation (which authorisation . shall be presumed until the contrary is shown).
881. On presentation to the treasurer of any such coupon the Payment of
treasurer shall pay to the person so presenting the coupon the amount coupons.
of interest thereon expressed and appearing by the coupon to be then
due and payable, and on the audit of the treasurer's accounts the
coupon shall be accepted as a sufficient warrant for the payment by
hi.m of the amount for which the coupon was issued: Provided that
the treasurer shall not be bound, unless he sees fit, to make any
payment of interest beyond the amount of the money of the Corporation
then in his hands, and applicable in that behalf.
882. The Corporation may from time to time, when and as they Power to
think fit, exercise,- Corporation
With respect to all and every part of the money which by the :i::r!~~:.
former Acts relating to the borough, or any part thereof, and gagees and
this Act, or any of them, the Corporation, or the Huddersfield annuitants.
Improvement Commissioners, or any local board now merged in
the council, have been or are authorised to borrow, and the
interest thereon respectively; and
With respect to all and every part of the money from time to time
so borrowed, and the interest thereon respectively; and
With respect to all and every of the grants of annuities, mortgages,
and other charges and securities already or hereafter made or
granted, and from time to time subsisting or having effect by
virtue of those Acts and this Act, or any of them ; and
With respect to all and every of the pribcipal money, interest, and
annuities respectively secured by the grants, mortgages, charges,
and securities, or any of them ;
all or any of the powers following; (that is to say,)
They may pay or discharge, either in whole or in part, any principal
sum, whether payable t~en or thereafter, and secured by mortgage
or other charge or security, by any one or more of the ways and
means following :
They may redeem, satisfy, or discharge, in whole or in part, any
annuity, whether for years, or £or life or lives, or perpetual,
secured by grant or other charge or security, by any one or more
of the ways and means following; (that is to say,)
(1.) By the immediate payment of a gross sum:
(2.) By the future payment of a gross sum, with or without
interest thereon :
(8.) By securing by mortgage or other charge or security
the payment of a gross sum, with or without interest
thereon:
(4.) By granting an annuity, either for years, or for life or
lives, or in perpetuity :
(5.) By securing by grant or other charge or security the
payment of the annuity so granted :
And every such repayment, redemption, satisfaction, and discharge may
be made on the terms and conditions and in the manner from time to
198 34 & 35 Viet. Huddersfield I mprovemmi
Act 1871.
Ch. cli.
Sec.383-385 time agreed on between the Corporation and the other person
interested.
Consents to
arrange.
ments.
[As to 1·edemption of securities with money raised by Corporation
stock or issue of stock in substitution therefor: see Act of 1882
s. 75.]
383. Provided that, except as far as independently of this _<\et
the Corporation are entitled to repay, redeem, satisfy, or discharge
any principal sum, annuity, or other charge, or any part thereof
respectively, they shall not exercise any of their powers under this
Act of redeeming, satisfying, or discharging, either in whole or in
part, any principal money, annuity, or other charge, except with the
consent of the person entitled thereto.
Restriction on 384. Provided also, that the Corporation shall not under this Act
redemption J>ay for the redemption of the whole or any part of an annuity for
of annuities. life or lives more than the sum then by law payable for the grant
by the Commissioners for the Reduction of the National Debt of a
hke annuity of like amount as the annuity or part thereof to be
redeemed, or for the redemption of the whole or any part of an
annuity for years, or a perpetual annuity, more than a proportionate
part of the amount of the original purchase money for the annuity.
XXVII.-BYELA WS.
Regulations 385. With respect to byelaws to be made by the Corporation as to byelaws. under this Act, the following provisions shall have effect; (namely,)
(L) Nothing in this Act shall authorise the Corporation to make
any byelaws repugnant to law or to this Act :
(2.) All byelaws shall be reduced into writi'ng, and be under the
common sea.I of the Corporation :
[Byelaws may be wholly or partially in print or in writing
(including lithograph): Act of 1876 s. 102.]
(3.) The Corporation may by any byelaw impose penalties for
offences against the same, not exceeding in respect of any
offence five pounds, so that all byelaws be so framed as to allow of part only of the maximum penalty being
inflicted :
(4)
{5.)
Penalties under byelaws shall be recoverable as penalties
under this Act are recoverable :
Any byelaw shall not take effect until it is allowed by one
of Her Majesty's Principal Secretaries of State (who may
allow or disallow the same as he thinks proper), and any
such byelaw shall not be allowed unless notice of intention
to apply for allowance .of the same is given by advertisement
in a newspaper published or generally circulating in the
borough, and by placards posted at the town hall, not less
than one month before the making of such application ; and
for one month at least before such application a copy of the
pro:posed byelaw shall be kept at the town hall, and be open
durmg office hours thereat to the inspection of the ratepayers
of the borough without payment, and the town clerk shall
furnish a copy thereof, or of any part thereof, to every
ratepayer applying for the same, on payment of sixpence
for every hundred words in such copy, or if the proposed
84 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. i99
byelaw has been printed by the Corporation, then at such Sec.386-387
reasonable price, not exceeding twopence for each copy, as the Corporation direct :
[Local Government Board substituted for Secretary of State:
Act of 1876 s. 102.]
(6.)
(7.)
(8.)
All byelaws when allowed shall be printed with the date at
which they are made, and the town clerk shall keep a
printed copy thereof at the town hall, and all persons may
at all reasonable times inspect such copy without payment,
and the Corporation shall cause to be deliTered a printed
co:py, signed by the town clerk, of all byelaws £or the time
bemg in force to every person applying for the same, on
payment by him of any sum not exceeding one shilling and
sixpence for every such copy, and a printed copy, signed by
the town clerk, of the byela,n for the time being in force
relative to any particular subject to every person applying
for the same, on payment by him of any sum not exceeding
threepence for every such copy :
Proper extracts from the byelaws, painted or placed on boards,
may be set up and kept exhibited in places to which such
extracts relate, or in such conspicuous or suitable places as the Corporation think fit :
A printed copy of byelaws dated and purporting to be al1owed
as aforesaid, and to be signed by the town clerk, shall be
prima facie evidence of the existence and of the due making
and allowance of such byelaws, without proof of the
signature of the town clerk.
386. Any byelaws made under any enactment repealed by this Existing bye.
Act shall remain m force for six months after the commencement of la.we con- this Act, if not sooner repealed by any byelaw made under this Act, !!nued for a but no longer. ime.
XXVIII.-SETTLEMENT OF DISPUTES; ARBITRATION.
887. Where any compensation, damages, costs, charges, or Settlement
expenses is or are by this Act directed to be paid, and the method of of disputes as
ascertaining the amount there is not provided £or, such amount shall, t? co&pensain
case of dispute, be ascertained and determined by two justices not t10n, c.
being members of the council, and such justices may take the advice
of any surveyor or architect or other person skilled in the matter ; and
where the mode of recovery for any compensation, damages, costs,
charges, or expenses is not provided £or, the same shall be recovered
before two justices not being members of the council, and in either
case any justice, upon the application of either party, may summon the
other party and any witness to appear before two justices at a time
and place to be named in such summons, and on the appearance of the
parties, or in the absence of either of them, on proof of due service of
the summons, such two justices shall hear and determine the matter,
and shall award such sum and make such order as to the mattar in
dispute, or otherwise, as they think just; and if the amount awarded
or ordered by them to be paid is not paid by the person liable to pay
the same within fourteen days after demand, such amount may be
recovered by distress and sale of the goods and chattels of such person,
and such justices, or either of them, or any other justice, may issue his
200 34& 35 Viet. Huddersfield Improvement
A et 1871.
Ch. cli.
Sec.388-389 warrant accordingly, or the amount may be recovered in any court of
competent jurisdiction.
Mode of 388. Except as expre1sly otherwise provided in thia Act, sections
arbitration. twenty-five to thirty-seven, inclusive, of the Lands Clauses Consolidation
Act, 1845, shall apply for the determination of any question
directed by this Act to be determined by arbitration.
.Appeal in
cases of
1mmmary
conviction
ag-ainst orders
of justices, or
against rates,
&c.
389 .
(1.)
XXIX.-QU ARTER SESSIONS.
In any of the following cases ; (namely,)
Where on any summary conviction or adjudication under
this Act in respect of any offence punishable by pecuniary
penalty, or by imprisonment, the penalty adjudged to be
paid (inclusive of any costs) exceeds three pounds, or the
term of imprisonment adjudged exceeds one month, or the
conviction or adjudication is had before or made by one
justice only ;
(2.) Where any adjudication under this Act, other than such an adjudication as aforesaid, or any order or determination
under this Act is made by any justice or justices, or any
order or determination is made by the council;
(3.) Where any rate is made by the council, but in cases where
application for relief is authorised to be made to the council,
then only after such application ;
any person who thinks himself aggrieved by such conviction,
adjudication, order, or determination, or by any rate or anything
included in or omitted from any rate, or by any refusal on the part
of the council to give relief in respect of any rate, as in Part XXV: of
this Act provided, may appeal to the next court of quarter sessions
holden not less than twenty-one days after the day whereon such
conviction, adjudication, order, determination, or rate is made, subject
and according to the following provisions; (that is to say),
(1.) Within seven days after the last-mentioned day, and twelve
clear days at least before such sessions, the appellant may
give notice in writing of the appeal, and of the matter and
ground thereof, to the complainant or the party in whose
favour the adjudication, order, or determination is made, or whose interest is immediately affected thereby (as the
case way be), and also in case of an appeal against a rate
to the council:
(2.) Within three days after giving such notice the appellant may
enter into a recognizance, with two sufficient sureties,
before a justice, in such sum as the justice thinks fit, conditioned
to try the appeal, and abide the judgment of the
court thereon, and pay any costs awarded by the court, and
in case he is in custody to appear personally at the sessions;
or,
(3) Where the appeal is against a conviction imposing only a
pecuniary penalty, or against an adjudication for the payment
of money, the appellant may deposit with the clerk of
the justice before or by whom the conviction or adjudication
is had or made such sum of money as the justice thinks
sufficient to cover the amount of the penalty or money
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 201
adjudged to be paid, with the costs of the conviction or Sec. 389
adjudication of the appeal:
(4.) On such notice being given, and such recognizance being
entered into, or such deposit being made, the appellant shall
be liberated if in custody :
(5.) The court of quarter sessions, on proof of such notice and
recognizance or deposit, shall in a summary way hear and
determine the appeal, or else shall (if they think fit) adjourn
the hearing thereof to a subsequent session:
(6.) The court by their order on the appeal may affirm or quash
the conviction, adjudication, order, or determination appealed
against, or may mitigate any forfeiture or penaltv, or may
order any money paid or leviecl to be returned, or may
dismiss the appeal, or make such other order therein, with
or without costs to either party, as seems just, and may (if
necessary) issue process for enforcing their judgment:
(7.)
(8.)
Where any such deposit as aforesaid is made and the conviction
or adjudication is affirmed, or the appeal is dismissed, the
court may order the amount of the penalty or other money
adjudged to be paid, together with the costs of the con- viction or adjudication, and of the appeal, to be paid out
of the deposit, and the residue thereof, if any, to be returned
to the appellant, and in any other case shall order the deposit
to be returned to the appellant:
Where on appeal a conviction is quashed the proper officer
.. hall forthwith endorse on the conviction a memorandum
that it has been so quashed, and wherever any copy or certificate of such conviction is made, a copy of the memorandum
shall be added thereto, which shall be sufficient
evidence of the conviction having been quashed in all cases
where a copy or certificate would be sufficient evidence of
the conviction:
(9.) In an appeal against a rate the court by their order may
affirm the rate, or may amend the rate, or may give relief to
any person rated by inserting therein or striking out
therefrom any name or altering any sum therein without
quashing the rate, or may quash the rate and order a new
rate t-0 be made ; and in any such appeal the court shall
have the like power of awarding costs to be paid by or to
any party, and of compelling payment thereof, as they for
the time being have for awarding and compelling payment
of costs in an appeal against a rate for the relief of the
poor:
(10.) It shall not be requisite for a railway company, being an
appellant, to enter into any recognizance or to make any
deposit of money unless required so to do in writing under
the hand of the town clerk delivered. or sent by post as
herein-before provided:
The provisions of this section shall apply to the Corporation when
they think themselves aggrieved by any such conviction, adjudication,
order, or determination, and shall apply to the Corporation when
appellants, save only that it shall not be requisite for the Corporation
to enter into any recognizance or make any deposit of money.
202 34 & 35 Viet. Huddersfield Improvement
Act 187 l.
Ch. cli.
Sec.390-395 XXX.-GENERAL.
Provisions of
11 & 12 Viet.
c. 43. appli•
cable to this
Act.
Punishment
of abettors,
&c.
Penalties on repetition of
offences.
Proceedings
when
offender refuses
to state
his name.
Evidence of
previous
conviction.
390. Except as by this Act provided, all the prov1S1ons of the
Act of the session of the eleventh and twelfth years of Her Majesty
(chapter forty-three), "to facili1ate the performance of the duties of
"the justices of the peace out of sessions within England and Wales
"with respect to summary convictions and orders," and of any Act
for the time being in force amending or substituted for the same,
relating to proceedings for the recovery of penalties by summary
conviction, and to appeals against such convictions, and the levying
and enforcing of penalties, and all subsequent proceedings which
may be taken on nonpayment thereof, or in default of distress,
including the commitment to prison of the defaulter, and enforcing
payment of sums of money ordered or awarded to be paid by justices,
and the costs of such proceedings, shall be applied and put in force
in relation to the penalties by this Act imposed.
391. Where the doing of any act or thing is made punishable
by this Act, or by any byelaw thereunder, the causing, procuring,
aiding, or abetting such act or thing to be done shall be punishable in
like manner if the nature of the case permits, and if an intention to
the contrary does not appear in this Act.
392. When by this Act any pecuniary penalty or other punishment
is imposed in respect of any offence described in thii;, Act,
then and in every such case, if the nature of the case permits, and if
an intention to the contrary does not appear in this Act, such penalty
or punishment may be inflicted for every repetition of such offence.
393. If any person charged with any offence against this Act, or
any byelaw thereunder, refuses to disclose his name, all the necessary
proceedings may be had and carried on against him for the recovery
of any penalty, forfeiture, or damage imposed or incurred, by thA
description of his person, and of the offence committed, without
stating his name, or if one only of his names is known, all such
necessary proceedings may be had and carried on against bim by such
name only.
394. The justice before whom any person is convicted of any
offence may transmit the conviction to the next court of quarter
sessions, there to be kept by the proper officer among the records of
the court, and on the prosecution of any person for any subsequent
offence, a copy of such conviction, certified by the proper officer of the
court, or proved to be a true copy, shall be sufficient evidence to prove
a conviction for the former offence, and such conviction shall be
presumed not to have been quashed on appeal until the contrary is
shown ; and for purposes of this Act justices in the borough shall take
judicial cognizance of entries in books kept in the borough of convictions
and other matters relative to summary proceedings before
justices under this Act.
Damages and 395. Where any damages or charges are directed or authorised
charges in to be paid or recovered, in addition to any penalty for any offence in cases of dis- this Act mentioned, the amount of such damages or charges, in case of
put~ 1 bbe dispute respecting the same, may be settled and determined by the r:!~i:es. y j1;1-stice before whom any offender is convicted, and may be levied by distress.
34 & 35 Viet. H udders.field Improvement
Act 1871.
Ch. cli. 203
396. Nothing in this Act shall protect any person from being Sec.396--401
proceeded against by way of indictment in rt'spect of any matter by Saving for
this Act ma<le punishable on summary proceedings, or flhall relieve indictments,
any person in respect of any such matter from any penal or other &c.
consequence to which he would have been liable if such matter had not
been made punishable by this Act.
397. With respect to distress, the following provisions shall have Regulation as
effect: (namely,) to distress.
(1.) Any number of names and sums may be included in any
warrant of distress obtained by tbe Corporation for any of
the purposes of this Act, and may be stated either in the
body of the warrant or in a schedule thereto, and any such
distress may be for a balance remaining unpaid or for an
agreed instalment clue:
[See form of warrant of distress: Fourth Schedule No. 10.]
(2.) Any justice who issues a warrant of distress may order that
the costs of the proceedings for the recovery of the sum or
sums for which the distress is ordered be paid by the
person or persons liable to pay such sum or sums, and such
costs shall be ascertained, and where there are more persons
than one shall be apportioned, by the justice, and shall be
included in the warrant of distress for the recovery of such
sum or sums:
(3.) Every constable shall, upon being required by a collector or
other officer of the Corporation, aid in making a clistrees
or sale pursuant to any such warrant, and in default of so
doing shall be liable to a penalty not exceeding five pounds:
(4.) Any distress under this Act shall not be deemed unlawful,
nor shall the party making the same be deemed a trespasser
on the ground of any defect or want of form in the
summons, conviction, warrant of distress, or other proceeding
relating thereto, nor shall such party be deemed a
trespasser, ab initio, on account of any subsequent irregularity
in the prosecuting of such distress.
898. Any number of names and sums may be included in any Contents of
summons obtained by the Corporation for any of the purposes of this summons.
Act, and may be stated either in the body of the summons or in a
schedule thereto, and any such summons may be for a balance
remaining unpaid or for an agreed instalment due.
399. The Corporation may direct any prosecution or proceeding Power to
against any person for any offence against this Act or any matter order.pro.
arising under this Act. eecuhons, &c.
400. All penalties recovered summarily under this Act by the Application
Corporation shall go to the borough fund, but nothing in this Act of penalties
shall alter the application of penalties or forfeitures to the police in certain
superannuation fond, as provided by the Act of the session of the oaeee.
twenty-second and twenty-third years of Her Majesty, chapter
thirty-two, or of fines and penalties made payable to Her Majesty.
401. Where any penalty or forfeiture is inflicted on the Cor- Application
poration, the amount tnereof shall (except where otherwise provided ?f ~enaltic>s
or ordered by the justice or justices before whom the same is 1
0
nlhctedt~m
orpora 10n
204 34 & 35 Viet. Huddersfield Improvement
Act 187 l.
Ch.cli.
Sec.402-407 recovered) be paid to the oTerseers of the poor of the township of
Huddersfield, to be applied in aid of the poor rate of that township.
Proceedings 402. Any order, verdict, rate, assessment, judgment, conviction,
not t; bf or any proceeding touching or concerning any offence against this
quast et£ or Act, or again:;t any byelaw thereunder, shall not be quashed or
;a;ei:ove~:; vacated for want of form only, Ol' be removable by certiorari or
certiorari. • otherwise into any of the superior courts.
Validity of
warrants of
commitment.
Justices, &o.
not diequnlified
from
acting.
403. A warrant of commitment on any conviction shall not be
held void by reason of any defect therein, if it is therein alleged that
the person therein named has been convicted and there is a good
conviction to sustain the same.
404. Except as expressly otherwise provided, any person shall
not be disqualified or disabled to act as justice of the peace, coroner,
juror, or otherwise, in any matter arising under or in relation to this
Act, by reason of his being a ratepayer in the borough, or liable to
any payments under this Act, or a member of the council or any
committee thereof.
Persons 405. .4ny person entering into any contract with the Corporation
ente1fog into for a supply to him of water, or for any work to be done for or meter
c~ntracts or apparatus to be furnished to him for the purposes of such supply, t th C~rpora. or for a water meter, or for a sale or lease of lands, or a loan of
J~::a_~ified 88 money to the Corporation, or for the supply by him of gas to the
members of public lamps in any district, division, or part of the borough, or for
Corporation. the execution by him of any works, or for the supply by him of any
articles not exceeding in cost to the Corporation one hundred pounds
in any one year, or being a shareholder or partner or interested in
any newspaper in which notices or other documents of the Corporation
are published, or in any gas or water company supplying gas or water
to the Corporation, shall not thereby be disabled from being, continuing,
or acting as mayor, alderman, or councillor of the borough, or as an
officer or servant of the Corporation, or incur any penalty by reason
of such contract, or of his being such a shareholder or partner or so
interested, or of his being, continuing, or acting as such mayor,
alderman, councillor, officer, or servant ; but the mayor or any alderman
or councillor concerned, by himself or any partner, in any such
contract, or being such a shareholder or partner, or so interested,
shall not take part in any vote, proceeding, or discussion in the
council relative to such contract, undertaking, or company.
Validity of
meetings of
council, &c.
Continuance
of and power
to appoint
officers and
servants.
406. Until the contrary is proved every meeting of the council,
or of any committee of the council, shall be deemed to have been duly
convened and held, and all members attending such meeting shall be
deemed to have been duly qualified.
407. All the officers and servants of the Corporation in office at
the commencement of this Act, and employed in the execution of
any Act which this Act repeals or makes to cease to apply to the
borough, shall continue to be the officers and servants of the Corporation
according to the nature and tenure of their appointments and
employments respectively, and the Corporation may from time to
time appoint such officers and servants for the execution of this Act,
and take such security for the performance of their duties, as the
Corporation think proper (including, if the Corporation think fit, in
lieu of or in addition to any other security the 8ecurity of any
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 205
guarantee society established by charter or Act of Parliament, with See.408-412
power to the Corporation, if they think fit, to pay any premium or
other money requisite for keeping up any such security), and the
Corporation may from time to time, subject to the nature and tenure
of their respective appointments and employments, remove or
suspend any of them, as the Corporation see occasion, and pay and
make such salaries, wages, and other allowances to them and to any
person assisting the Corporation in the execution of this .Act, as the
Corporation deem reasonable, and, mutatis mutandis, all such officers
and servants shall be accountable to the Corporation, and the
Corporation shall have the like remedies against them in relation to
accounts, vouchers, bills, payments, books, papers, and writings as
if they had been appointed by virtue and for the purposes of the
Municipal Corporations Acts.
408. If any such officer or servant demands or takes on account Penalty on
of anything done by virtue of his office, or for forbearing to do officer or
anything that ought to be so doue, or on any other account relative ser.,antt3;king
to his duty, any fee or reward whatsoever other than· the salary or unauth0r1sed
allowancei; allowed by the Corporation, or is in anywise concerned or fees.
interested in any bargain or contract made by the Corporation, he
shall be liable to a penalty not exceeding fifty pound11, and shall
from and after conviction be incapable of being employed by the
Corporation in any capacity.
409. The provisions of the l\lunicipal Corporations Acts relative Acconnts of
to the keeping of accounts, and to the accounts kept of sums of receipts, &c.
money received and paid under those .Acts, and to the auditing
thereof, shall extend and apply to the keeping of accounts, and to
the accounts kept of sums of money received and paid under this
Act, and to the auditing thereof.
410. The Corporation from time to time may contract with any Power to
person for performing or doing any of the works or things by this Aet contract for
authorised, and all such contracts shall be in writing, sealed with works.
the common seal of the Corporation, and signed by the person
contracting, and shall specify the works and things so to be done, and
the prices at and the times within which they are to be done, and
the Corporation may take such bond or other security from every
contractor for the due performance of his contract as they think
imfficient.
411. The Corporation may from time to time compound with Power to
any person having entered into any contract wit.h the Corporation compound
under this .Act for any penalty contained in such contract, or in any with con.
bond or other security for the performance thereof, or on account of tractors.
any breach or non-performance of such contract, bond, or security,
for such sum of money or other recompense as the Corporation think
proper.
412. If any person obstructs, assaults, hinders, or molests any Penalty for
member of the council, or any officer or servant of the Corporation obstructing
acting under this .Act, or any byelaw thereunder, in the execution of persons emhis
duty, or in the execution of any of the powers, authorities, works, ployed_ in f ·
matter~, or things to be exercised or done under this Act or any such ~e:uuon °
byelaw, he shall be liable to a penalty not exceeding five pounds, c ·
206 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Git. cli.
Sec,413-417 413. If any person destroys, pulls down, injures, or defaces any
Penalty on placard or notice, or any burgess list or list of voters, or of claims or
pulling down objections, issued and put up by or under the direction of the Cornotice
boards. poration or of the town clerk, or any board provided by the Corporation
on which any byelaw or part of a byelaw of the Corporation is painted
or placed, he shall be liable to a penalty not exceeding five pounds.
Penalty on 414. If any workman, labourer, servant, or other person employed
workmen, &c. in or about any street, building, or other work, without the privity or
consent of the owner or person causing such work to be done, and
without reasonable cause (proof whereof shall lie on him), wilfully and
knowingly does anything in or about the same in contravention of the
provisions of this Act, he shall for every such offence be liable to a penalty not exceeding fifty shillings.
Damage by 416. If any street or other property belonging to or under the
mining works. management of the Corporation is injured by or in consequence of any
mining works commenced after the passing of this .A.et, whether in
operation or abandoned, the Corporation may repair or replace the
street or other' property injured, and all damages and expenses of or
arising from such injury, and such repair or replacement, shall be paid
to the Corporation by the lessee or tenant or other person in possession
of the mine or works if the same are in operation, or by the owner
thereof if the same are abandoned, and may be recovered by the
Corporation in any court of competent jurisdiction; and for the
purposes of this section the Corporation shall in respect of any public
street be deemed the owners of the land in and upon which the
street has been made.
Penalty on
occupier
refusing to
give name of owner.
416. I£ on request made on behalf of the Corporation the
occupier of any property refuses or wilfully omits to disclose or
wilfully mis-states the name of the owner of such property, or the
owner the name of the occupier thereof, any justice may summon such
occupier or owner to appear at the time and place mentioned in such
summons before such justice, or before some other justice, and if such
occupier or owner refuses or neglects to attend at the time and place
mentioned in the summons, or if he attends and does not show good
cause or excuse to the justice for his refusal, omission, or mis-statemant,
such justice may, on proof (in case of the neglect or refusal to
attend as aforesaid) of the due service of the eummons, or on such
attendance, impose a penalty upon such occupier or owner not
exceeding five pounds.
Form and 417. Any instrument (including a notice, order, resolution,
ser!ice, &c. of declaration, requisition, consent, approval, disapproval, demand, or
~otic~s ~[ other document) made, given, delivered, or served under this or any
orp ra ion. other .A.et, or any byelaw by the Corporation, may be either in print
or in writing (including lithograph), or partly in print and partly in
writing (including lithograph), and shall be sufficiently authenticated
by the name of the town clerk or of the surveyor or other proper
officer (aceording to the subject of the particular instrument) being
affixed thereto in print or writing, or by a stamp on behalf of the
Corporation; and it shall be sufficient in all cases, except where by
,this Act otherwise expressly provided, where any such instrument is
required to be given to or served on the owner or occupier of any
property, to address it to such owner or occupier by his description
as owner or occupier (as the case may be) of the premises (naming
them) in respect of which it is given or served, without further name
34& 35 Viet. Huddersfield I rnprovement
Act 1871.
Ck. cli. 207
or description ; and any such instrument may be addressed to owners Sec,418-423 or occupiers of any number of adjoining or neighbouring houses or
buildings collectively, and when so addressed may be served on more
owners or occupiers than one (so that separate copies be served on
the respective owners and occupiers of the several houses or buildings
concerned) ; and any such instrument may be served on any owner,
occupier, or other person either personally or by sending the same
through the post in a registered letter addressed to him by name at his
last-known place of abode or business, or by delivering the same to
some inmate at his last-known or usual place of abode or business, or
in case of an occupier to any inmate of the building in respect of
which it is given or served, or if the building is unoccupied, and the
place of abode of the person to be served, is after diligent inquiry
unknown, it shall he sufficient to affix it, or a copy thereof, upon some
conspicuous part of such building.
[Extended to all documents of the Corporation: A.et of 1880 R. 84.)
418. Any notice to or demand on the Corporation under this Act Ser!ice of
may be served on the Corporation by being delivered to the town tttce on
clerk, or by being sent through the post in a registered letter directed orporatlon
to the town clerk, in which latter case service shall be deemed to be
effected on the Corporation on the day on which such letter would be
delivered in the ordinary course of post.
419. Where by this Act it is required that any notice or other Hours for
instrument be left at the office of the town clerk or surveyor, the notices, &o.
same shall be left there within the office hours prescribed by byelaw to
be observed thereat, and in the absence of express provision in this
Act the Corporation may from time to time by byelaw direct the
delivery of notices and other instruments required by this Act to
particular officers of the Corporation, and appoint the times and places
of such delivery.
420. All plans and other documents which in pursuance of this Plans to be
Act, or of any byelaw made thereunder, are left. at the office of the groperty _of
Corporation, or delivered to any officer of the Corporation, shall, on orporanon.
bein~ so left or delivered, become and shall continue and be the
property of the Corporation.
421. In case of the death of any officer or servant of the Books and
Corporation, or of his becoming bankrupt before he has delivered up papers 0 ~
all bookfl, pa.pers, writings, and other things concerning his office or CorJ'orf:101
employment, or relating to the execution of this Act, no interest ~:ic::a &~.
whatever in such books, papers, writings, and things, or any of them '
shall pass to or vest in his rcpresentativei or assignees, as the case
may be.
4i2. If any person against whom the Corporation have any Proofof debt
claim or demand becomes bankrupt, the town clerk in all proceedings in bankruptcy
in relation to the estate of such bankrupt may represent the Col'poration,
and act in their behalf in all respects as if such claim or demand
had been the claim or demand of the town clerk, and not of the
Corporation. Plaintiff' not
423. A plaintiff shall not recover in any action to be commenced to_ rhecover . h C . ffi f h C . h wit out agamst t e orporat10n, or any o cer o t e orporabon or ot er n tioe <r
person aiding or assisting them or him, for anything done or intended arter t:nder
to be done in pursuance or under the authority of this Act, if tender of amends,
208 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Sec.424:-425 of sufficient amends has been made to him or to his attorney by or on
behalf of the defendant before the commencing of sucb action; and in case no such tender has been made the defendant in any such action
may, by leave of the court after action brought, at any time before
issue joined, pay into court such sum of money as he thinks fit, whereupon
such proceeding, order, and judgment shall be had, made, and
given in and by such court as in actions where the defendant is
allowed to pay money into court.
Forms in
schedule
authorised.
Savings from
effect of
repeals, &o.
[See the Public Authorities Protection Act 1893, 55 & 56 Viet.
cap. 61.]
424. The forms given in the fourth schedule to this Act may be
used for or in respect of the purposes therein indicated, with such
variations and additions as circumstances may require.
425. Notwithstanding any repeal or other thing in this Act
contained, -
(1.) The Corporation shall continue and be seised, possessed of,
and entitled to all rights, interests, and property of or to
which they are at the commencement of this Act seised,
possessed, or entitled, as if this Act had not been passed:
(2.) All acts, works, matters, and things before the commencement
of this Act done or commenced under the powers and
authorities of the Acts by this Act wholly or partially
repealed or made to cease to apply to the borough, or any
of them, or under a.ny other Act or authority, and which are at the commencement of this Act good, valid, and
available or in progress, and all conveyances, leases, mortgages,
bonds, covenants, deeds, instruments, contracts,
agreements, obligations, rights, and remndies at the commencement
of this Act existing under the same, shall be
and continue as good, valid, and available for all purposes,
and for and against all parties, and may be continued and
completed, as if this Act had not been passed :
(3.) All actions, suit1:;, prosecutions, or other proceedings by or
against the Corporation by reason of any matter or thing
done before the commencement of this Act in execution of
or in relation to the said Acts, or any of them, or the said
resolution, may be continued, commenced, or prosecuted by
or against the Corporation as if this Act had not been
passed:
(4.) All mortgages and other securities granted under any Act
repealed by this Act may be transferred as if this Act had
not been passed, and the form of trausfer given in the
fourth schedule to thie. Act may be used for that purpose,
with such variations as eircumstances may require :
[The form of Trn,nsfer of Mortgage is in the Fourth t:!chedule
No. 12.]
(5.) All rat~s and rents at th~ CS)mm~ncement of this Act due or accrumg due to the Corporation may from and after th~
commencement of this Act be collectefl and recovered by
the Corporation as if this Act had not been passed :
(6.) All books and documents shall be receivable in evideuce as
if this Act had not been passed :
34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 209
And any repeal by this Act of any enactment shall not affect the Sec-426-429
past operation of the enactment repealed, or any right, title, .
obligation, or liabili~y acquired or accrued thereunder before the scf~~~le.
commencement of this Act. ·
426. Nothing in this Act contained shall be held or construed Saving the
to take away, alter, prejudice, or affect any of the rights, privileges, rights of the
powers, or authorities of the Huddersfield G-as Company under or ~ ndierafield
by virtue of an Act passed in the session of Parliament held in the as ompnny.
twenty-fourth year of the reign of Her Majesty Queen Victoria,
chapter fifty-six, intituled "The Huddersfield Gas Act, 1861."
427. Except in this Act expressly otherwise provided, nothing Saving f~r
in this Act shall take away or abridge any right, power, authority, general ng?t8
privilege, exemption, or benefit which the Corporation have or may anrdcroemedies
. d h "·"" . . l C t' A h · · d O rporo.- enJoy un er t e m.umc1pa orpora .wns cts, or ot erw1se, m e- tion.
pendentl_y of this Act.
428. The Corporation shall cause copies of this Act, with an Copies of Act
index to the contents thereof in each copy, to be printed, and to be with index to
at all times after the expiration of one month from the commencement be1
Jept and
of this Act kept in the office of the town clerk open to inspection of 80 •
any person on payment of a fee not exceeding one shilling, and to be
at all times as aforesaid sold at that office to all persons applying for
the same at a price not exceeding two shillings and sixpence ; and if
at any time the Corporation fail to comply with the requisitions of this
section they shall be liable to a penalty not exceeding twenty pounds,
and to a further penalty not exceeding one pound for every day
during which such failure continueti after notice thereof given to them.
429. · All the eosts, charges, and expenses preliminary to, and of Expen~es of
and incidental to the preparing, applying for, obtaining, and passing Act.
of this Act, shall be paid by the Corporation out of any money now in
their hands or to be received by them under this Act.
SCHEDULES REFERRED TO IN THE FOREGOING ACT.
THE FIRST SCHEDULE.
[See sec. 5 of this Act, page 102.]
PART I.
ENACTMENTS REPEALED.
The Huddersfield Improvement Act, 1848.
Sections three and four of the Local Government
Act, 1869.
[See that Act, page 70.]
PART II.
Supplemental
ENACTMENTS TO CEASE TO APPLY TO ROROUGII.
· [See also s. 334 of this Act, p. 186.J
The Public Health Act, 1848.
'fhe Public Health Supplemental Act, 1849.
The First Public Health Supplemental Act, 1852.
The Local Government Act, 1858 (except section 51J).
23 & 24 Viet. c. 64. An Act to make further provision for the
expenses of local boards of health and improvement commissioners
acting as burial bo11rds.
Local Government Act (1858) Amendment Act, 1861.
'l'be Local Government Act Amendment Act, 1863.
:HO
Second
Schedule
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Git. cli.
THE SECOND SCHEDULE.
DISTRICTS OF BOROUGH.
Name. Description. Warde.
--------1-----------'1------·---
1. Improvement
Act area.
2. Marsh district
8. Fartown district
4. Dalton district
5. Bradley district
6. Deighton district
The area to which the Improvement
Act of 1848
extended, (namely), so
much of hamlets of
Huddersfield, Bradley,
Deighton - with - Sheep•
ridge, Fartown, and
Marsh-with-Paddock, in
the township of Huddersfield,
as are within
1,200 yards in every
direction from the spot
where the old market
cross formerly stood in
the centre of the market
place in Huddersfield.
North, east, south,
west, and central
wards
Former Marsh Local
Board district, (namely,)
so much of hamlet of
Marsh, otherwise Marshwith-Paddock,
in township
of Huddersfield as
is not within Improvement
Act area.
Marsh ward
So much of hamlet of
Fartown in same township
as is not within
Improvement Act area.
:Fartown ward
So much of township of
Dalton as is not in Mold I
Green district.
Former Bradley Local
Board district, (namely,)
hamlet of Bradley in L
towmhip of Huddersfield. I
.Former Deighton Locttl
Board district, (namely,)
hamlet of Deighton, otherwiseDeighton-with-Shecp-)

ridge, in same township.
Dalton, Bradley,
and Deighton
ward
34& 35 Viet. Huddersfield Improvement Ch.cli.
Act 1871.
The Second Schedule-continued.
Name.
7. Mold Green district

8. Lockwood district

9. Almondbury district

Description.
Former Mold Green Local
district, (namely,) part
of township of Dalton,
and part of township of
Almond bury.
Former Lockwood Local
Board district, (namely,)
township of Lockwood,
and detached parts of
township of South Crosland.

Former Almondbury Local
Board district, (namely,)
so much of the township
of Alir.iondbury as is not
in Mold Green district,
or in Newsome district.
10. Newsomedistrict Former Newsome Local
Board district, (namely,)
part of township of
Almondbury.
11. Lindley-cumQuarmby
district

Former Lindley • cum.
Quarmby Local Board
district, (namely,) township
of Lindley • cumQuarmby.

Wards.
Mold Green ward
Lockwood ward
Almondbury and
Newsome ward.
Lindley-cumQuarmby
ward
[The Township of Longwood to be a district of the borough for
the purposes of this Act as if it had been described in this
Schedule: Longwood Order 1890, Article XX (2.)
THE THIRD SCHEDULE.
[See s. 195 of this Act page 144.]
REGULATIONS AS TO LODGING Hol'SES.
I. The number of persons who may occupy a room for sleeping in
shall be determined by the cubical contents of the room in the manner
following :-If the room be used only as a sleeping room, there shall
not be more than one person (the term "person" to include man,
woman, or child), to every three hundred cubical feet of air contained
in such room. If the room be used both as a sleeping room and a day
room, then there shall not be more than one person to every six
211
Second
a.nd Third
Schedules.
Cubical con- tents of
rooms.
212 34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli.
Third hundred cubical feet of air contained in such room; and no room the
Schedule. ceiling of which is less than two feet above the level of the footpath or
C t . ms roadway immediately adjoining, and no room used as a kitchen or
n~~ :~~:0
:sed scullery, and no room not lighted and ventilated directly from the
as sleeping exterior, and no room in the roof of the house not furnished with an rooms. open fireplace or flue for ventilating, shall be permitted to be occupied
Houses to he
reg is le red.
Inspect:on of
houses.
as a sleeping room unless it be specially certified by a legally qualified
medical practitioner, or one of the inspectors of lodging houses of the
borough, as in his opinion fit to be so occupied without danger to the
health of the occupants.
II. Every house or part of a house which is let in lodgings, or occupied
by members of more than one family, shall, if required _by the Corporation
by a notice in writing served by their inspector, be distinguished
by a number to be placed above the principal entrance thereto, to the
satisfaction of the inspector, and shall be registered by such inspector
in a book to be kept for that purpose in the form appended to these
regulationfl, specifying the name of the occupier, the name of the
owner, and the number and cubical contents of the air-space of each
room within such house or part of a house, and it sh>1ll be incumbent
upon the said o(·cupier to keep a certificate of such registration as
aforesaid (under the baud of the inspector, who is required to
furnish such certificate), which certificate shall specify the number and
date of such registration, with the contents of the air-space of such
rooms, and shall be produced, on demand, to such inspector or his
deputy, or any person authorised by the Corporation.
III. 'l'he lodging-house inspectors, or any one or more of them, or
such other persons as may be specially appointed for the purpose by
the Corporation, may, between the hours of six o'clock in the morning
and ten o'clock in the evening, enter and inspect any house or part of a house which is let in lodgings, or occupied by members of more than
one family for the purpose of ascertaining the state and condition
thereof, and whether these regulations are observed and kept, or otherwi><e,
and may further enter into such house or part of a house at any
other time with the order of any magistrate having jurisdictiou within
the borough, which order the magistrate is authorised to give upon
information being laid before him by the inspector that he, the inspector,
suspects that some one or more of the regulations herein contained
is or are contravened in 01· about such house or part thereof.
Obstruction IV. No person shall obstruct or hinder such inspectors, or any of
to inspectors. them, in the execution of their duties.
Ventilation.
Cleanliness.
Lime.
washing.
V. Every room to be occupied as a sleeping room shall have means
pro\·i<led to the rcasonahle satisfaction of the inspector for adequate
ventilation, such means to he kept always in an efficient state, and to
be U;ted as frequently as possible, and at least once a day.
VL The walls, floors, furniture, bedding, and ut,1nsils shall be at
all times kept in a thoroughly clean an<l who]e$ome comlition.
V[I. 'l'he passages, rooms, and other premises shall, when required
by the inspector, be lime-washed twice at least in the year, in the
months of March and September, and at any other time appointed by
such inspector. ~
34& 35 Viet. Huddersfield Improvement
Act 1871.
Ch. cli. 213
Third
VIII. Persons of opposite sexes shall not occupy the same sleeping Schedule.
apartment, except married persons, or parents and their children under Occupation of
fourteen, or other children under ten years of age. sleeping
rooms.
IX. In case of fever or any other infectious or contagious disease Regulations
occurring in any such house or room as aforesaid, the keeper of such as to cases of
house or room shall forthwith give notice thereof to tlie inspector, so fever.
that he may inspect the same, and, if he shall 11ee fit, he shall cause
the provisions of sections twenty-two and twenty-three of the Sanitary
Act, 1866, to be put in force with reference to such house or rooms, or the articles contained in it, or, if necessary, shall also cause the
provision of clause twenty-six of the 1,aid Act to be put in force with
reference to the removal of persons sick of infectious disorders.
X. In case of any death taking l)lace in any such house or room as Deaths.
aforesaid, the inspector may, if he see fit, take measures for the
putting in force of section twenty-seven of the Sanitary Act, 1866 ..
XI. A privy, or such other accommodation as the inspector shall Privy accomdetermine
to be necessary, shall be provided for the use of any such modation.
house or room. The situation, dimensions, materials, and construction
of every such privy or other accommodation shall be subject to the
approval of the borough surveyor; and for every twelve ~nsons a separate privy or other accommodation shall be provided. l'he privy
or other accommodation shall be kept in clean and proper order.
XII. There shall be a proper supply of pure water conveniently Water supply.
accessible (to the satisfaction of the council of the borough) to each
house or room as aforesaid, and proper accommodation for washing.
XIII. The drains, sewers, and grids shall be properly trapped so Drainage.
as to prevent the effluvia coming up from the sewers or cesspools, and
shall be kept clean and in good order in all respects.
XIV. The yards and areas of every house as aforesaid shall be Paving.
properly paved so as to effectually take off all waste water. . . ISleeprng
XV. Each room occupied as a sleeping apartment shall be furnished roon~s to bi,
with bedsteads and sufficient bedding for the number of lodgers fu_r~ished.
authorised to be in such room. ;~1st:~::,1
:~
XVI. The floors, walls, and ceilings of every house or part of a Repairs of
l1ouse which is let in lodgings, or occupied by members of more than floors, wall,
one family, shall be kept in proper repair and thoroughly dry and free &c.
from damp, and the roof thereof in proper repair and condition, by the
owner.
XVII. The person letting such house or part of a house shall Persons to
attend any meeting of the council or the sanitary committee thereof, atten\
to which he shall be summoned by letter or notice left at least three ~~~~ltt~:
clear days beforehand at the house referred to, to answer any meetings.
complaint made against him in respect of neglect of these regulations,
and shall forthwith carry out such order as he may receive from the
council or sanitary committee made with a view to bring his house into
conformity therewith.
XVIII. If at any time after it has been registered any such house Power to pro•
or part of a house bas in the opinion of the samtary committee become hibit house to
unfit to be occupied in lodgings, the committee may prohibit such be u~ed as a house or part of a house from being used as a lodging house, and the lodgmg house
214 34& 35 Viet. Huddersfield improvement
Act 1871.
Ch.cli.
Third person in whose name the place has been registered shall, within seven
Schedule. days after receiving notice of such prohibition, cease to use such house
or part of a house as a lodging house, and such house or part of a
house shall not be again let in lodgings until the same has been put
into proper condition and made fit for the reception of lodgers, to the
satisfaction of the sanitary committee, and until the same is registered.
Regulations XIX. None of the foregoing regulations shall apply to any house,
not to apply or the owner or the occupier thereof (unless such house be used as a ;~t~n~~& £l5 beer house, wine shop, refreshment house, or coffee s~op, in which cases
without they shall apply), the rateable value whereof accordmg to tbe last rate
notice, except for the time bemg for the relief of the poor amounts to fifteen pounds
aebeerhousee, or upwards, unless and until the Corporation give a notice in writing
&c. to such owner or occupier declaring that such house shall, from a 'date
to be named in such notice, be and continue subject to such regulations,
and from and after such date such house, and the owner or
occupier thereof, shall be accordingly subject to such regulations.
Penalty for
breach of
regulations.
Interpret ation.

XX. Any person, whether as owner or occupier of any house or
part of a house which is let in lodgings, or occupied by members of
more than one family, who shall offend against any of the foregoing
regulations shall be liable to a penalty not exceeding forty shillings
for any one offence, with an additional penalty not exceeding ten
shillings for every day during which default in obeying such regulations
may continue.
XXI. Any room used during both day and night as a sleeping
room shall be understood as a "day room." The persC1n who receives
the rents, either on his own account or as agent to the owner, or as
clerk or servant to such agent, shall be deemed to be the owner, and
so long as his name stands on the register as owner or receiver of
rents such register shall be at all times received as proof of such
ownership. The term "inspectors" or "inspector" mcludes all or
any persons or person appointed by the council of the borough under
or for the purposes of the Sanitary Act, 1866, or for carrying into
effect these regulations.
FORM A.:BOVE REFERRED TO.
Entry ____ No. ________ _
No. _________ house or room.
Registered occupier _____________ _
Owner __________________ _
Registered to accommodate ________ persons.
In Room In Room In Room In Room In Room In Room Total. No. 1. No. 2. No. 8. No.4. No, 5. No. 6.
Dated this _______ day of ______ 18
(Signed) ____________ Inspector.
34 & 35 Viet. Huddersfield Improvement
Act 1871.
THE FOURTH 8CHEDULE
[These forms are authorised by s. 424 of the Act.]
No. 1.
FoRM OF ORDER FOR SEWERING, PAVING, &c.
[See s. 41 of the Act, page 109]
The Huddersfield Improvement Act, 1871.
The day of 18 .
Ch. cli.
It is resolved and ordered by the Council of the borough of Huddersfield,
that on or before the day of 18 the
following streets [A. Street] [B Street] *be freed
from obstruction, sewered, drained, lfl•elled, flagged, paved [ 01· macadamised],
and otherwise tompleted,• at such levels, with such
inclination;,, and with such sewers and drains of such dimensions as are
shown on the plans and sections deposited in the office of the borough
surveyor, and with· the materia.ls and in the manner herein-after
specified ; namely,
[ Here speci(lf nature of materials, g-c]
[ ] Town Clerk.
• lj the order i8 for sewering, drainin,q, and levelling only, omit the
words between the asterisks • •, and in1ert in1tf1ad thereof the following;
namelg, "be sewered, drained, and levelled."
No. 2.
FORM: OF NOTICE FOR EXECUTION OF w· ORKS, &c.
[See Part XXII of the Act, page 179.]
The Huddersfield Improvement Act, 1871.
The Corporation of the borough of Huddersfield hereby give you
notice that you are ordered and required on or before the
day of 18 • to execute and do the works and things
hereunder specified.
Dated this day of 18 .
To X.Y. of
[ ] Borough Surveyor.
[ Here 8pecify the works, 4'c., required.]
• Insert ·here, where the ruiture of the noticB so requires, " not later
than the hour of o'clock in the noon."
No. 3.
Fo:&M OF NOTICE oF INTENTION OF Con.Po RATION To EXECUTE
WoRKS, &c.
[See Part XXII of the Act, page 179.]
The Huddersfield Improvement Act, 1871.
215
Fourth
Schedule-
216
Fourth
Schedule,
34 & 35 Viet. Huddersfield Improvement
Act 1871.
Ch.cli.
The Corporation of the borough of H uddcrsfield hereby give you
notice that they intend to execute and do the works and things hereunder
specified.
Dated this day of 18 .
To X.Y. of
[ J Borough Surveyor.
[ Here specify the W<Yrks, if'c., intended.]
No.4.
FORM OF WARRL',T OF AUTROllITY FROM JUSTICE.
The Huddersfield Improvement Act, l 871.
I, A. B., Esquire, one of Her Majesty's jrn::tices of the peace for the
borough of Huddersfield, hereby authorise you [here specify the al:t
authorisd], for doing which this shall be your warrant.
Dated this day of 18
To L.,H. [constable, &c.]
No. 5.
Fom,1 OF AUTHORITY FROM CORPORATION.
The Huddersfield Improvement Act, 1871.
[C.D.]
The Corporation of the borough of Huddersfield hereby authorise you
[here speci(y the act authorised].
Dated this day of 18
Town Clerk.
To L.M- [constable, &c.]
No. 6.
]<,oR:M: OF ORDER AS TO UNDER-GHOUND DWELLINGS.
(See s. 192 of the Act, page 143.]
The Huddersfield Improvement Act, 1871.
The Corporation of the borough of Huddersfield hereby give you
notice that they order and require that the occupation, as a separate
dwelling, of the cellar [or vault, or under-ground room) hereunder
specified be from the expiration of one calendar month from the
service hereof on you discontinued.
Dated this day of 18
To X.Y.of
[ Here specif11 cellar, g'c.]
No. 7.
Fon:!II oF DE<.:LARATION OF HrnnwAY,
[See s. 45 of the Act, page llL]
· Town Clerk.
The Huddersfield Improvement Act, 1871.
The day of 18 .
It ii; re1:<olved and declared by the Council of the borough of
Huddersfield, that the following street, namely, [A
Street,] is a public highway.
Town Clerk,
34 & 35 Viet. Huddersfield Improvement
Act 1871.
No. 8.
Fomr OF ltATE BooK.
[Sees. 349 of the Act, page 190.]
Ch. cli.
An assessment to the borough rate under the Huddersfield Improvement
Act, 1871, for the borough of Huddersfield in the west riding
of the county of York, made the day of 18 ,
I
Name of the person rated. I Description Situation Rateable Amount of rate Number of
the rate. ··- ----- -- , of of value. at
; property. property. in the pound.
Occupier. Owner. !
i
i
i
I
i
I
j i
Signed by me this day of 18
Town Clerk.
No. 9.
Fonru: OF NOTICE oF RATE.
[See s. 351 of the Act, page. 191]
The Huddersfield Improvement Act, 1871.
The Corporation of the borough of Huddersfield hereby give notice
that a borough rate has this day been made, and that the book in
which the same is written is deposited in the office at the
town hall.
Dated this day of 18
Town Clerk.
No. 10.
FORM OF WARRANT OF DISTRESS FOR RECOVEltY OF WATER RENTS,
l:Ml'ROVEMENT l{ATES, &c.
[See regulations as to distress : s. 397 of the Act, page 203 ]
Borough of Huddersfield (to wit):
To the mayor, aldermen, and burgesses of the borough of Huddersfield
in the west riding of the county of York [ and to their
collectors of improvement rates, or as the case ma.1/ be], and to the
constables of the said borough.
These are in Her Majesty's name to command you to levy the sum of by distress of the goods and chattels of .LI.. B. of ,
being the amount [or being the balance remaining unpaid of the
amount, or being an agreed instalment due of the amount, as tlze case
may be] of improvement rates [ or as the case may be] accrued due from
him to the said mayor, aldermen, and burgesses up to the
day of 18 ; and if the same is not paid.within the space
of days next after such distress by you taken, together
with the reasonable charges of taking and keeping the same, that then
217
Fourth
Schedule.
218 34& 35 Viet. Huddersfield 1 mprovement
Act 1871.
Ch. cti.
Fourth you do sell the goods and chattels by you distrained, and out of the
Schednle. money arising from such sale that you do retain the said sum, and also
your reasonable charges of taking, keeping, and selling the said distress,
rendering to the said A. B. the overplus on demand ; and if sufficient
dii;;tress cannot be found of the goods and chattels of the said A. B.
whereon to levy the said sum, that then you do certify the same to me,
t9gether with this warrant, to the end that such further proceeding
may be had thereon as to the law doth appertain.
Given under my hand and seal the day of
one thousand eight hundred and
No.11.
FORM OF MORTGAGE.
[Sees. :372 of the Act, page 191-.]
The Huddersfield Improvement Act, 1871.
Mortgage No. £
By virtue of the above mentioned Act the mayor, aldermen, and
burgesses of the borough of Huddersfield, in coni;iideration of
pounds paid to them by A.B., of grant to him, his executors,
administrator>', and assigns, the corporate estates and fund
of the borough, to hold until the said sum of be repaid
to him o:r them, with interest at the yearly rate of in the
hundred, by equal half yearly J)ayments on the day of
and the day of in every year
from the day of the date hereof, the principal to be repaid on the
day of at the option of either party, and
all payments to be made at the office in Huddersfield or the treasurer
of that borough.
Given under the seal of the mayor, aldermen, and burgesses this
day of one thousand eight hundred
and
No. 12.
Four oF TRANSFER OF MORTGAGE.
[See ss. 873 page 194 and 425 ( 4) page 208 of the Act.]
The Huddersfield Improvement Act, 1871.
I, A. B., of , in consideration of
pounds paid to me by 0. D., of
transfer to him, his executors, administrators, and assigns, the
mortgage No. of the corporate estates and
fund of the borough of Huddersfield, or pounds and
interest, at the yearly rate of in the hundred, granted
on the <lay of by the mayor, aldermen, and
burgesses of that borough [ or iJ the transfer be by endorsement, the
within written security], and all my right and interest in and under
the same.
As witness my hand and seal this day of one
thousand eight hundred and

Huddersfield Improvement Act of 1871

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